Legal Opinion

Byerley v. Standard Asphalt & Rubber Co.

U.S. Circuit Court for the District of New Jersey

Decided June 7, 1911PublishedCited by 1 opinion

In Equity. Suit by Erancis A. Bycrley, executor, and others against the Standard Asphalt & Rubber Company. On motion for preliminary injunction.

1Opinion of the Court

CROSS, District Judge.

The bill of complaint in this case is founded upon patent No. 524,130, issued to one Erancis X. Byerley August 7, 1894. It has been sustained by the Circuit Court for the Western District of Pennsylvania (181 Fed. 138), and by the Circuit *760Court of Appeals of this, circuit (184 Fed. 455, 106 C. C. A. 537). The matter, as now presented, is upon a motion for a preliminary injunction, based upon ex parte affidavits.

The claims relied upon herein are 1, 2, 3, 6, 7, 8, 9, and 10, some of which cover the process and others the product of the manufacture of asphalt from petroleum.

2Cases cited6 opinions

  1. Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
  2. Boyd v. Janesville Hay Tool Co.Supreme Court of the United States · 1895
  3. Ransome v. HyattCourt of Appeals for the Ninth Circuit · 1895
  4. Byerley v. Sun Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1910
  5. Byerley v. Sun Co.Court of Appeals for the Third Circuit · 1911

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Barber Asphalt Paving Co. v. Standard Asphalt & Rubber Co.Court of Appeals for the Seventh Circuit · 1928

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