Samuel Blanken & Co., Inc. v. Shannon & Luchs Company
SAMUEL BLANKEN & CO., Inc., Appellant, v. SHANNON & LUCHS COMPANY, Appellee
Opinion
TAMM, Circuit Judge:
This appeal involves the same subject matter as Samuel Blanken & Co. v. Sigmund Goldblatt et al. (No. 20,014, Dec. 1, 1966), 371 F.2d 949 , decided this day adversely to appellant. No attempt will be made here to discuss the facts delineated therein, except to state that appellee here is the agent of the lessor and that appellant, having failed to recover against appellee in a prior contract action, Blanken v. Goldblatt, et al., No. 19,536 (Nov. 23, 1965), is here seeking recovery of the reasonable value of his services by way of quantum meruit.
The District Court granted appellee’s motion to dismiss. We believe that appellant’s claims here are governed by the principles announced in today’s Gold-blatt decision. Moreover, it conclusively appears from the record in the two cases that appellant was definitely on notice that he could not look to the appellee for his commission, but rather must look to the lessees.
The decision of the District Court being clearly correct, it is therefore affirmed.
How later courts describe this case
Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.
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(recognizing that use of a trade secret gives rise to a cause of action and allowing "suit for any use of the [trade] secret so long as the use has occurred within the statutory period of limitations immediately preceding the bringing of the action")
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(use of misappropriated fuel tank designs to create similar fuel tanks)
Cited by 41 cases
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