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CHATTANOOGA CORP. v. KLINGLER

No. Civ-1-81-145.

528 F.Supp. 372 (1981)

CHATTANOOGA CORPORATION v. Dale H. KLINGLER, Harlan B. Jensen, Thomas H. Church, Richard Wilkins, Lewis C. Duncan, M. D. and James W. Sauder.

United States District Court, E. Tennessee, S. D.

December 3, 1981.

Attorney(s) appearing for the Case

John B. Phillips, Jr. and Hoyt O. Samples, Stophel, Caldwell & Heggie, Chattanooga, Tenn., for plaintiff.

Hugh J. Moore, Jr., Witt, Gaither & Whitaker, Chattanooga, Tenn., V. Frank Asaro, Asaro & Associates, San Diego, Cal., for defendants.

OPINION

FRANK W. WILSON, Chief Judge.

This lawsuit arises out of the purchase by a Tennessee corporation of the corporate assets of a California corporation. Included within the assets purchased were four patents. A portion of the purchase price consisted of the payment by the purchaser of patent royalties to the sellers. The plaintiff contends that it no longer markets a product that comes within the patent claims and seeks a declaration relieving it of...

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