Legal Opinion

Shrauger & Johnson v. Phillip Bernard Co.

District Court, N.D. Iowa

Decided November 7, 1917No. 43PublishedCited by 1 opinion

In Equity. Petition by Shrauger & Johnson, a corporation, against the Phillip Bernard Company, a corporation. On final hearing.

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In Equity. Petition by Shrauger & Johnson, a corporation, against the Phillip Bernard Company, a corporation. On final hearing. The plaintiff, an Iowa corporation, brought this suit against the defendant, the Phillip Bernard Company, another Iowa corporation, May 24, 1916, for the alleged infringement of United States letters patent No. 1,134,642, issued to Darius E. Shrauger, president of the plaintiff corporation, April 6, 1915, upon an application therefor filed in the Patent Office August 25, 1913, for improvements in “metallic window frames.” The petition is in one count, and also…

1Opinion of the CourtReed, District Judge

(after stating the facts as above). After taking its preliminary proofs, the plaintiff moved for a temporary injunction restraining the defendant .during the pendency of this suit as prayed in the petition and amendment thereto, which was set for hearing before Judge Wade, who upon the hearing of such motion overruled the same. Shrauger & Johnson v. Phillip Bernard Co. (D. C.) 240 Fed. 131. Thereafter the final proofs were taken, and the cause is now before the court for final hearing upon the merits.

[ 1 ] The defendant renews its motion to dismiss the suit for want of jurisdiction of the…

2Cases cited15 opinions

  1. Atlantic Works v. BradySupreme Court of the United States · 1883
  2. O'Reilly v. MorseSupreme Court of the United States · 1854
  3. Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
  4. Tilghman v. ProctorSupreme Court of the United States · 1881
  5. National Hollow Brake-Beam Co. v. Interchangeable Brake-Beam Co.Court of Appeals for the Eighth Circuit · 1901

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3Cited by1 opinion

  1. Stark v. Stark Bros. Nurseries & Orchards Co.Court of Appeals for the Eighth Circuit · 1919

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