Opinion
No. 4173.
September 19, 1930.
Appeal from the District Court of the United States for the Western District of Pennsylvania.
M.W. Acheson, Jr., of Pittsburgh, Pa., Paul Bakewell, of St. Louis, Mo., William B. Wharton, Christy, Christy Wharton, Sterrett Acheson, and James R. Sterrett, all of Pittsburgh, Pa., for appellant.
H. Dorsey Spencer, of New York City, and Robert A. Norton, George E. Alter, and Ralph D. McKee, all of Pittsburgh, Pa. (Alter, Wright Barron, of Pittsburgh, Pa., of counsel), for appellee Jaeger.
Before WOOLLEY and DAVIS, Circuit Judges, and AVIS, District Judge.
The issues in this case grew out of a controversy which arose over certain agreements called "option and purchase agreements," wherein the defendants gave options to the plaintiff to purchase certain new processes and contact masses for the manufacture of sulphuric acid and phthalic anhydryde.
The learned District Judge, in a very careful and comprehensive opinion [ 31 F.2d 188], disposed of the issues involved without error, and we affirm the decree on his opinion, except as to costs, as to which the decree is modified. Plaintiffs shall pay one-third and defendants two-thirds of the costs.