L. E. Frey, and Cross-Appellant v. Gerald Frankel and Duo-Bed Corporation, a Corporation, and Cross-Appellees

McWILLIAMS, Circuit Judge.

This is the second time this controversy has been before this court. See Frey v. Frankel, 361 F.2d 437 (10th Cir.) for general background information. However, some reference to the state of the pleadings is necessary in order to place the present controversy in focus.

L. E. Frey, an inventor who was president and majority stockholder in the so-called old Duo-Bed Corporation, made claim against the so-called new Duo-Bed Corporation and one Gerald Frankel, Frankel being the president and majority stockholder in the new Duo-Bed which had resulted from a reorganization…