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Greene v. Singer Co.

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


filed: March 13, 1972.

GEORGE B. GREENE
v.
SINGER CO.

Kalodner, Hastie and Rosenn, Circuit Judges.

Author: Per Curiam

In the instant action for unfair competition, patent infringement and violation of the anti-trust laws, the defendant Singer filed a motion to prohibit Rankin A. Milliken, Esquire, the plaintiff's patent attorney, from assisting the plaintiff and his representatives, in the litigation in this case, on the ground that Milliken, while in the employ of Friden, Inc., which had been acquired by Singer in 1963, had been assigned by Friden to represent Greene in certain patent applications in 1964-1965, respecting devices which were the subject of an Agreement between Friden and the plaintiff.

In support of its motion, Singer contended that some of the patent applications handled by Milliken are involved in the instant action.

The District Court entered an Order on June 30, 1971, limiting the role of Milliken in his representation of Greene but not prohibiting him from acting as co-counsel for Greene. This appeal followed.

On review of the records we are unable to say that the District Court abused its permissible discretion in its Order.

The Order will be affirmed.

19720313

© 1998 VersusLaw Inc.



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