United States Frumentum Co. v. Lauhoff
Court of Appeals for the Sixth Circuit
Appeals from the District Court of the United States for the Eastern District oí Michigan; Henry H. Swan, Judge. Suit in equity by the United States Frumentum Company against Frank Fauhoif, William FauhofI, and Henry Fauhoff. From the final decree, both parties appeal.
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Appeals from the District Court of the United States for the Eastern District oí Michigan; Henry H. Swan, Judge. Suit in equity by the United States Frumentum Company against Frank Fauhoif, William FauhofI, and Henry Fauhoff. From the final decree, both parties appeal. The Frumentum Company brought against the Lauhoff Pros, the usual infringement bill, based upon patent No. 440,806, of November 18, 1890. This patent was issued to Frank Dauhoff, who was instrumental in organizing the plaintiff corporation and assigned the patent to it, but later ceased his connection with the Frumentum Company…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] The first substantial question is whether defendants, upon the accounting, were at liberty to deny infringement during the accounting period. The argument is that since they were necessarily, while before the master, bound by the interlocutory decree to the effect that what they had been doing was infringement, and that since they claimed to be doing the same thing after the decree as before, the issue was necessarily foreclosed, also, as to the second period. Of course, a master may not re-examine questions adjudicated by the decree and order of…
2Cases cited44 opinions
- Root v. Railway Co.Supreme Court of the United States · 1882
- Westinghouse Electric & Manufacturing Co. v. Wagner Electric & Manufacturing Co.Supreme Court of the United States · 1912
- Garretson v. ClarkSupreme Court of the United States · 1884
- Sessions v. RomadkaSupreme Court of the United States · 1892
- Coupe v. RoyerSupreme Court of the United States · 1895
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3Cited by61 opinions
- Georgia-Pacific Corp. v. United States Plywood Corp.District Court, S.D. New York · 1970
- Panduit Corp. v. Stahlin Bros. Fibre Works, Inc.Court of Appeals for the Sixth Circuit · 1978
- Sinclair Refining Co. v. Jenkins Petroleum Process Co.Supreme Court of the United States · 1933
- Westinghouse Electric & Manufacturing Co. v. Formica Insulation Co.Supreme Court of the United States · 1924
- Universal Pictures Co. v. Harold Lloyd CorporationCourt of Appeals for the Ninth Circuit · 1947
56 more not listed; retrieve them via the Exa API.