Skelly Oil Co. v. Universal Oil Products Co.

Mr. Presiding Justice Feinberg

delivered the opinion of the court.

This appeal is from an order and judgment dismissing the amended complaint, charging fraud, based on the bribery by defendant of a judge of the United States Circuit Court of Appeals for the Third Circuit in a patent infringement suit (Root Refining Co. v. Universal Oil Products Co., 78 F. 2d 991). The theory of the court below was that the amended complaint failed to state a cause of action.

Plaintiffs were sued in separate suits by defendant for the same alleged infringement of the patent involved in the Root case, to which…