Legal Opinion

Stebler v. Riverside Heights Orange Growers' Ass'n

Court of Appeals for the Ninth Circuit

Decided May 30, 1914No. 2394PublishedCited by 13 opinions

Appeal from the District Court of the United States for the Southern Division of the Southern District of California; Olin Wellborn, Judge. Suit in equity by Fred Stebler against the Riverside Heights Orange Growers’ Association and George D. Parker. From a temporary restraining order, made on petition of defendants, enjoining the prosecution by complainant of other suits for infringement of the Gamble reissue patent, No. 12,297, for a fruit grader, complainant appeals.

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Appeal from the District Court of the United States for the Southern Division of the Southern District of California; Olin Wellborn, Judge. Suit in equity by Fred Stebler against the Riverside Heights Orange Growers’ Association and George D. Parker. From a temporary restraining order, made on petition of defendants, enjoining the prosecution by complainant of other suits for infringement of the Gamble reissue patent, No. 12,297, for a fruit grader, complainant appeals. On May 24, 1910, the plaintiff filed his bill of complaint in the court below wherein he alleged, among other things, that…

1Opinion of the CourtMorrow, Circuit Judge

(after stating the facts as above). 1. The plaintiff is a manufacturer and seller of the machines covered by his patent, and the sole profits which he derives from his patent are those arising from the manufacture and sale of the machines covered thereby. The suits brought by the plaintiff, and sought to be enjoined *553by the petition of the defendants, are against users- of machines which had been manufactured and sold by the defendants prior to the rendition of the opinion of this court and the entry of the interlocutory decree in the lower court pursuant thereto.

The theory of the defendants’…

2Cases cited2 opinions

  1. Birdsell v. ShaliolSupreme Court of the United States · 1884
  2. Allis v. StowellU.S. Circuit Court for the District of Eastern Wisconsin · 1883

3Cited by13 opinions

  1. Sherman, Clay & Co. v. Searchlight Horn Co.Court of Appeals for the Ninth Circuit · 1915
  2. Riverside Heights Orange Growers' Ass'n v. SteblerCourt of Appeals for the Ninth Circuit · 1917
  3. Dowagiac Mfg. Co. v. Deere & Webber Co.Court of Appeals for the Eighth Circuit · 1922
  4. Wilson v. Union Tool Co.Court of Appeals for the Ninth Circuit · 1920
  5. Panoualias v. National Equipment Co.Court of Appeals for the Second Circuit · 1920

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