MONSANTO CHEMICAL WORKS, a Corporation and Citizen of the State of Missouri, Plaintiff and Appellant, v. A. O. JAEGER, a Citizen of Germany and a Resident of the Western District of Pennsylvania and J. A. Bertsch, a Citizen of Germany and a Resident of the State of Missouri Defendants

MONSANTO CHEMICAL WORKS, a Corporation and Citizen of the State of Missouri, Plaintiff and Appellant, v. A. O. JAEGER, a Citizen of Germany and a Resident of the Western District of Pennsylvania and J. A. Bertsch, a Citizen of Germany and a Resident of the State of Missouri Defendants. No. 4173. Circuit Court of Appeals, Third Circuit. Sept. 19, 1930. M. W. Acheson, Jr., of Pittsburgh, Pa., Paul Bakewell, of St. Louis, Mo., William B. Wharton, Christy, Christy & Wharton, Sterrett & Acheson, and James R. Sterrett, all of Pittsburgh, Pa., for appellant. H. Dorsey Spencer, of New York City, and Robert A. Norton, George E. Alter, and Ralph D. McKee, all of Pittsburgh, Pa. (Alter, Wright & Barron, of Pittsburgh, Pa., of counsel), for appellee Jaeger. Before WOOLLEY and DAVIS, Circuit Judges, and AVIS, District Judge. Rehearing denied November 5, 1930. [MAJORITY — PER CURIAM.] PER CURIAM. The issues in this case grew out of a controversy which arose over certain agreements called “option and purchase agreements,” wherein the defendants gave options to the plaintiff to purchase certain new processes and contact masses for the manufacture of sulphuric acid and phthalie anhydryde; The learned District Judge, in a very careful and comprehensive opinion [31 F.(2d) 188], disposed of the issues involved without error, and we affirm the decree on his opinion, except as to eosts, as to which the decree is modified. Plaintiffs shall pay one-third and defendants two-thirds of the costs.