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FUL-VUE SALES CO. v. AMERICAN OPTICAL CO.

118 F.Supp. 517 (1953)

FUL-VUE SALES CO. et al. v. AMERICAN OPTICAL CO.

United States District Court S. D. New York.

December 29, 1953.

Attorney(s) appearing for the Case

Patterson, Belknap & Webb, New York City, Richard G. Moser, Dennis C. Mahoney, New York City, of counsel, for plaintiff.

Pennie, Edmonds, Morton, Barrows & Taylor, New York City, R. Morton Adams, Frank F. Scheck, New York City, of counsel, for plaintiffs.

Root, Ballantine, Harlan, Bushby & Palmer, New York City, Hector M. Holmes, Boston, Mass., John E. F. Wood, W. Tyler Peabody, New York City, of counsel, for defendant.

McGOHEY, District Judge.

This action is described by the plaintiffs as "a suit by one partner in a joint venture to obtain its rightful share of the benefits derived by the other partner from use of one of the assets of the venture." They state their theory as follows: "It is Ful-Vue's position that it and American Optical Company together entered into a joint venture for the purpose of acquiring the stock of Universal Optical Company and that as part of that venture...

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