Adkins v. United States District Court

431 F.2d 859 John S. ADKINS, Petitioner, v. The UNITED STATES DISTRICT COURT, Central District of California, and the Honorable Manuel L. Real, United States District Judge, Central District of California, Respondents. No. 25549. United States Court of Appeals, Ninth Circuit. September 1, 1970. Rehearing Denied September 30, 1970. Rosenfeld, Meyer, & Susman, Beverly Hills, Cal., for petitioner. Christie, Parker & Hale, Pasadena, Cal., for real parties. Before WRIGHT and TRASK, Circuit Judges. WRIGHT, Circuit Judge: 1 This matter is before us on petition for writ of mandamus to review the District Court's decision to exercise jurisdiction and go forward with a declaratory judgment suit that has been stayed since 1964. 2 The history of this litigation is long and complex. See, Lear, Inc. v. Adkins, 395 U.S. 653 , 89 S.Ct. 1902 , 23 L.Ed.2d 610 (1969), rev'g 67 Cal.2d 882 , 64 Cal. Rptr. 545 , 435 P.2d 321 (1967); Adkins v. Lear, Inc., 52 Cal.Rptr. 795 (Dist.Ct. App.1966); Lear Siegler, Inc. v. Adkins, 330 F.2d 595 (9th Cir. 1964). For our present purposes it is sufficient to note that it involves an agreement whereby Adkins, in exchange for royalties, licensed Lear to use an…