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HEBBARD v. AMERICAN ZINC, LEAD & SMELTING CO.

No. 13418.

161 F.2d 339 (1947)

HEBBARD v. AMERICAN ZINC, LEAD & SMELTING CO. et al.

Circuit Court of Appeals, Eighth Circuit.

May 14, 1947.

Attorney(s) appearing for the Case

Henry Warten and Helen E. Redding, both of Joplin, Mo. (Kelsey Norman and Emerson Foulke, both of Joplin, Mo., on the brief), for appellant.

Paul E. Bradley and Allen McReynolds, both of Joplin, Mo. (Charles M. Seymour, of Knoxville, Tenn., and Robert Ames Norton, of Stamford, Conn., on the brief), for appellees.

Before GARDNER, THOMAS, and RIDDICK, Circuit Judges.

RIDDICK, Circuit Judge.

The question is whether the appellant, Hebbard, as assignor, is entitled to the rescission of two contracts for the assignment of a patent and to an accounting of profits realized by the assignee, Minerals Beneficiation Incorporated, and its alleged successor in interest, American Zinc, Lead & Smelting Company. The alleged ground for rescission of the contracts is complete failure of performance.

One of the contracts sought to be...

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