Hall

Hall v. Wright

Good Law
125 F. Supp. 269·103 U.S.P.Q. (BNA) 16·1954 U.S. Dist. LEXIS 2647
United States District Court, Southern District of CaliforniaSeptember 17, 1954Civ. No. 7839California3,670 words

Opinion

lead Opinion

Mathes, J.

After a partial trial of the issues raised by the original pleadings, both sides were permitted to file amended and supplemental pleadings and new parties were brought in. Fed.Rules Civ.Proc. Rules 15, 21, 24, 28 U.S.C.A.

The case then proceeded to trial upon the issues raised by: (1) the second amended complaint for (a) reformation and cancellation of, damages for breach of, and a declaratory judgment as to rights and duties under, an alleged con *271 tract dated September 15, 1944 between plaintiff Jesse E. Hall and defendant Kenneth A. Wright, (b) treble damages for alleged violations of the antitrust laws, (c) damages and injunctive relief for alleged unfair competition, and (d) an accounting; (2) the “Answer of defendants Roland E. Smith, Adams-Campbell Co., Ltd., and California Spring Co., Inc.”, and (3) the “Answer and Counterclaims of defendants Kenneth A. Wright and B. & W., Inc. to the Second Amended Complaint.”

Plaintiff invoked the jurisdiction of this court upon the ground of diversity of citizenship, see 28 U.S.C. §§ 1332 , 2201-2202, and under the Sherman and Clayton Acts, see 15 U.S.C.A. §§ 1-3 , 15, 26.

While plaintiff and plaintiff-interveners were presenting…

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