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GAF CORP. v. AMCHEM PRODUCTS, INC.

No. 76-2302.

570 F.2d 457 (1978)

GAF CORPORATION, Appellant, v. AMCHEM PRODUCTS, INC.

United States Court of Appeals, Third Circuit.

Decided January 18, 1978.

Attorney(s) appearing for the Case

K. Robert Conrad, Charles J. Bloom, Katherine K. Dodd, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for GAF Corporation, appellant; Walter C. Kehm, GAF Corp., Wayne, N. J., Robert E. Kosinski, Watson, Leavenworth, Kelton & Taggart, New York City, Alan H. Bernstein, Stanley H. Cohen, Caesar, Rivise, Bernstein & Cohen, Philadelphia, Pa., William D. Breneman, Washington, D. C., Ernest G. Szoke, Amchem Products, Inc., Ambler, Pa., of counsel.

Carl G. Love, Cushman, Darby & Cushman, Jack L. Lahr, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D. C., for appellee.

Before GIBBONS and HUNTER, Circuit Judges, and LAYTON, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Plaintiff GAF Corporation, a Delaware corporation (GAF), appeals from the grant of summary judgment in favor of Amchem Products, Inc., a Pennsylvania corporation (Amchem). In this diversity action GAF seeks to have a constructive trust declared in its favor over certain foreign patents controlled by Amchem relating to a plant growth regulating acid called 2-chloroethyl phosphonic acid. The theory on which GAF...

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