Berry

Berry v. Chrome Crankshaft Co.

Good Law
159 Cal. App. 2d 549·1958 Cal. App. LEXIS 2035·324 P.2d 70
Court of Appeal of CaliforniaApril 18, 1958Civ. 23031California1,860 words

Opinion

Opinion

Ashburn, J.

Plaintiff sued Chrome Crankshaft Company and others for an injunction against the use of plaintiff’s trade secrets and secret processes, and for damages for wrongful use of same in the past. Though at issue the cause has not been tried. In conjunction with Benjamin J. Goodman, Esq., the firm of Lyon & Lyon, Los Angeles patent attorneys, has appeared for defendant Chrome Crankshaft Company. During the taking of the deposition of Lile W. Harvey, one of plaintiff’s employees, plaintiff’s attorney made the claim that Mr. Lewis E. Lyon, who was examining the witness, was disqualified to represent defendant because he had previously represented plaintiff pertaining to matters involved in the instant case; demand was made that he and his firm withdraw as attorneys for defendant. The claim that Mr. Lyon had previously represented plaintiff was denied and the demand for withdrawal of Lyon and Lyon as attorneys for defendant was rejected.

Thereupon, plaintiff made a motion for an order requiring Messrs. Lyon and Lyon to withdraw as attorneys for defendant, Chrome Crankshaft Company, to desist from assist ing any present or future defendant or any attorney for any defendant with respect to…

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