ROBIN PRODUCTS COMPANY v. TOMECEK

No. 71-1789.

465 F.2d 1193 (1972)

ROBIN PRODUCTS COMPANY, Plaintiff-Appellant, v. Jerry J. TOMECEK, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

August 23, 1972.


Attorney(s) appearing for the Case

H. P. Settle, Jr. (Bernard J. Cantor, Cullen, Settle, Sloman & Cantor, Detroit, Mich., on the brief), for appellant.

Bruce G. Klaas, Denver, Colo., for appellee.

Before PHILLIPS, Chief Judge, McCREE, Circuit Judge, and ENGEL, District Judge.


PHILLIPS, Chief Judge.

This is an appeal from an order of the District Court dismissing a declaratory judgment action for lack of jurisdiction. We vacate dismissal and remand.

The factual background as to events prior to October 1970 is simple and undisputed. Jerry Tomecek developed a cable clip for use in automobile heater controls and filed a patent application therefor. In 1968, during pendency of the application, he entered into an agreement with Robin...

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