Perry v. Apex Smelting Co.
This text of 477 F.2d 137 (Perry v. Apex Smelting Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appellant appeals from a summary-judgment entered on defendant’s motion in plaintiff’s suit for damages against his employer, Apex Smelting Co. Plaintiff claims that he provided the company with an invention for pouring metal more efficiently which the company appropriated to its own use without any compensation to him. His complaint is phrased as an action for damages resulting from defendant’s appropriation of a trade secret belonging to him and as an action for damages resulting from unjust enrichment.
We do not read the plaintiff’s deposition, when it is taken as a whole, as an admission by the plaintiff that he expected no consideration for submitting his invention to the company.
The summary judgment for defendant on the trade secret claim is affirmed. The summary judgment as to plaintiff’s unjust enrichment action is reversed and the case is remanded for trial on that count.
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Cite This Page — Counsel Stack
477 F.2d 137, 177 U.S.P.Q. (BNA) 549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perry-v-apex-smelting-co-ca6-1973.