E.I. duPONT deNEMOURS & COMPANY, Inc., Plaintiff-Appellee, v. Rolfe CHRISTOPHER et al., Defendants-Appellants, 431 F.2d 1012

Summary

Defendant photographers were hired by an unknown third party to take aerial photographs of new construction at plaintiff company's plant. Plaintiff subsequently filed suit against defendants, and alleged defendants had wrongfully obtained photographs revealing plaintiff's trade secrets, which they then sold to the undisclosed third party. Defendants moved to dismiss for lack of jurisdiction and failure to state a claim upon which relief could be granted. Plaintiff filed a motion to compel an answer, and defendants moved for summary judgment. The court denied defendants' motions, but granted plaintiff's motion to compel. On defendants' motion for interlocutory appeal under 28 U.S.C.S. § 1292(b) the court held that plaintiff had a valid cause of action to prohibit defendants from improperly discovering its trade secret. The court further concluded that aerial photography, from whatever altitude, was an improper method of discovering the trade secrets exposed during construction of ...