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JOSEPH BANCROFT & SONS CO. v. M. LOWENSTEIN & SONS, INC.

Civ. A. No. 3581.

303 F.Supp. 310 (1969)

JOSEPH BANCROFT & SONS COMPANY, Plaintiff, v. M. LOWENSTEIN & SONS, INC., Defendant.

United States District Court D. Delaware.

January 2, 1969.

Attorney(s) appearing for the Case

James M. Tunnell, Jr., Walter L. Pepperman, II, Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for plaintiff; Thomas M. Marshall, Kenneth E. Madsen, William J. Ungvorsky, Arthur D. Gray, Kenyon & Kenyon, New York City, of counsel.

C. Walter Mortenson, Mortenson & Weigel, Wilmington, Del., for defendant; Robert B. Frailey, Stuart S. Bowie, Paul & Paul, Philadelphia, Pa., and Bernard Rapoport, Howard Schwartzberg, New York City, of counsel.

MEMORANDUM OPINION

CALEB M. WRIGHT, Chief Judge.

This is an action for royalties due under patent license agreements between plaintiff, Joseph Bancroft & Sons Company and defendant, M. Lowenstein & Sons, Inc. Suit was brought on February 27, 1968 in the Delaware Court of Chancery; the case was removed to this Court on July 19, 1968. Jurisdiction is based on 28 U.S.C. § 1332 (diversity of citizenship) and 28 U.S.C. § 1441 (removal of actions...

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