Michael J. Von Brimer, Co-Executors of the Estate of Joseph W. Von Brimer, Deceased v. Whirlpool Corporation

Good Law
536 F.2d 838·190 U.S.P.Q. (BNA) 528·21 Fed. R. Serv. 2d 1385·1976 U.S. App. LEXIS 11221
United States Court of Appeals for the Ninth CircuitMay 24, 197674-1807California5,453 words

Opinion

Opinion

Trask, J.

On May 13, 1969, the original plaintiff, Joseph W. Von Brimer, now deceased, filed a three count complaint against the Whirlpool Corporation, alleging (1) fraudulent appropriation; (2) malicious prosecution; and (3) intentional interference with contractual relations and prospective business advantage. He sought $150 million actual damages and $150 million punitive and exemplary damages. This action is now pursued by plaintiff Von Brimer’s estate.

All the claims in the complaint were related to a linear induction motor developed by Von Brimer. Counts 2 and 3 were dismissed for failure to state a claim upon which relief could be granted. Subsequently, Count 1 was dismissed upon Whirlpool’s Motion for Summary Judgment, one ground being that' the claim was barred by the statute of limitations.

The case owes its origins to a series of meetings in 1962 between Von Brimer, a well-known inventor, and representatives of appellee, Whirlpool Corporation, a nationally-known manufacturer of washing machines. At these meetings, Von Brimer demonstrated his electrical linear induction motor which could be attached to washing machines and thereby utilize electricity more efficiently.…

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