MANNINGTON MILLS, INC. v. CONGOLEUM CORP.

No. 78-1845.

595 F.2d 1287 (1979)

MANNINGTON MILLS, INC., Appellant, v. CONGOLEUM CORPORATION, Appellee.

United States Court of Appeals, Third Circuit.

Decided April 3, 1979.


Attorney(s) appearing for the Case

John N. Bain, Jeffrey L. Miller, Carella, Bain, Gilfillan & Rhodes, Newark, N. J., for appellant.

Frederick W. Rose, Young, Rose & Millspaugh, Newark, N. J., Michael M. Maney, Michael Winger, Robert M. Hayes, New York City, Sullivan & Cromwell, New York City, of counsel, Richard T. Laughlin, Kearney, N. J., for Appellee Congoleum Corp.

Before ADAMS and WEIS, Circuit Judges and WEINER, District Judge.


OPINION OF THE COURT

WEIS, Circuit Judge.

Alleging that foreign patents were secured by fraud, which if perpetrated in securing a domestic patent would lead to antitrust liability, plaintiff seeks treble damages and injunctive relief. The district court dismissed the complaint, relying primarily upon the act of state doctrine. We conclude that in this instance that ground does not bar consideration of plaintiff...

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