Hitchcock v. American Plate Glass Co.
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the Western District of Pennsylvania; Charles P. Orr, Judge. Suit by Halbert K. Hitchcock against the American Plate Glass Company and others. From the decree rendered, both complainant and defendants appeal.
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Appeal from the District Court of the United States for the Western District of Pennsylvania; Charles P. Orr, Judge. Suit by Halbert K. Hitchcock against the American Plate Glass Company and others. From the decree rendered, both complainant and defendants appeal. Waiving damages, the complainant demanded an accounting of profits gained by the American Plate Glass Company from savings which it made by the use of the infringing apparatus, and of profits gained by Cruikshank, the designer and builder of the infringing apparatus, from building the same for the defendant company and from building…
1Opinion of the Court
WOOLLEY, Circuit Judge.
The complainant, by his bill of complaint, made James W. Cruikshank, the designer and builder of the infringing apparatus, a party defendant in this action; and, waiving damages, prayed an accounting by him for the profits he had gained from building the infringing apparatus for the American Plate Glass Company, his codefendant, and also for building like apparatus for other plate glass manufacturers. The master found Cruikshank liable to the complainant for profits he had made under a contract with the defendant company for installing ■ the infringing apparatus,…
2Cases cited12 opinions
- Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
- Belknap v. SchildSupreme Court of the United States · 1896
- National Cash-Register Co. v. LelandCourt of Appeals for the First Circuit · 1899
- Myers v. HettingerCourt of Appeals for the Eighth Circuit · 1899
- Cahoone Barnet Manuf'g Co. v. Rubber & Celluloid Harness Co.U.S. Circuit Court for the District of New Jersey · 1891
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3Cited by20 opinions
- Donsco, Inc. v. Casper Corp.Court of Appeals for the Third Circuit · 1978
- Dangler v. Imperial MacH. Co.Court of Appeals for the Seventh Circuit · 1926
- Federal Trade Commission v. Standard Education Soc.Court of Appeals for the Second Circuit · 1936
- Denominational Envelope Co. v. Duplex Envelope Co.Court of Appeals for the Fourth Circuit · 1935
- Reynolds Spring Co. v. L. A. Young Industries, Inc.Court of Appeals for the Sixth Circuit · 1939
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