Barrett Co. v. Ewing
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit by the Barrett Company and another against Thomas Ewing, as Commissioner of Patents. From a decree dismissing the bill, complainants appeal. The plaintiff is a corporation organized and' existing under the laws of the state of West Virginia and having its principal place of business in the borough of Manhattan, in the city of New York.
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Appeal from the District Court of the United States for the Southern District of New York. Suit by the Barrett Company and another against Thomas Ewing, as Commissioner of Patents. From a decree dismissing the bill, complainants appeal. The plaintiff is a corporation organized and' existing under the laws of the state of West Virginia and having its principal place of business in the borough of Manhattan, in the city of New York. August E. Schutte is a citizen of the United States and a resident of the city of Boston in the state of Massachusetts. Thomas Ewing is United States Commissioner of…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). This is a suit in equity brought under the provisions of section 4915 of the Revised Statutes, being section 9460 of 8 U. S. Compiled Statutes 1916 Annotated, which reads as follows:
“Whenever a patent on application is refused, either by the Commissioner of Patents or by the Supreme Court of the District of Columbia upon appeal from the Commissioner, the applicant may have remedy by bill in equity; and the court having cognizance thereof, on notice to adverse parties and other due proceedings had, may adjudge that such applicant is entitled, according to…
2Cases cited1 opinion
- Butterworth v. HillSupreme Court of the United States · 1885
3Cited by5 opinions
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- Armstrong v. De ForestCourt of Appeals for the Second Circuit · 1926
- Armstrong v. De ForestCourt of Appeals for the Second Circuit · 1926