746 FEDERAL REPORTER. �lory under the operation of said agreement, and G. S. Malloiy now bas or claims such interest adverse to the plaintiff; that said play and said patent have, no established market value, and it would be difficult, if not impossible, to estimate in money the plaintiJBE's loss by M. H. Mallory having assigned said copyright and said patent, and that any compensation or indemnity to him for the breach of said contract would be inadequate which did not involve the restoration to him of said copyright and said patent, and that the plaintiff elects to treat said contract as rescinded and no longer obligatory upon him. �The complaint prays for judgment — (1) That the contract bas been rescinded and is no longer obligatory upon the plaintiff, and that he be restored to ail he bas lost thereby; (2) that said copyright and said patent be re-assigned to him, ox, if that is impracticable, that the defendants pay the value thereof to him, or such value be accounted for as profits real- ized under said agreement; (3) that an account of said prof- its be taken,and the plaintiff recover his lawful proportionate sha^e thereof; (4) that the defendants be enjoined from ex- hibiting said play or assigning said cppyright ; (5) that they be enjoined from using said mechanical device or invention; (6) that a receiver be appointed of said play and invention and patent. �Both of the defendants appeared by attomey on January 13, 1881. On the twenty-seoond of January, 1881, before any answerwas put in by either defendant, M. H. Mallory presented ,to the state court a petition, setting forth that the plaintiff was, at the time of . bringing the suit, and still is, a citizen of lAew York, and the petitioner was, at the time of the bringing of this suit, and still is, a citizen of Connecticut, and G. S. Mallory was, at the time of the bringing of the suit, and still is, a citizen of New York; that the suit is one "in which there is a controveray which is wholly between cit- izens of different states,-^to-wit, ; thie plaintiff, a citizen of New York, and this petitioner, a citizen of the state of Con- necticiit, — and which can.be fuUy- determined. as between them, and in . wh^ch , controversy this , petitioner is actually ��� �
