Legal Opinion

American Delinter Co. v. American Machinery & Construction Co.

Court of Appeals for the Fifth Circuit

Decided February 23, 1904No. 1,309PublishedCited by 2 opinions

: Southern Appeal from the Circuit Court of the United States for the District of Mississippi. e Thomas ■ The following are the drawings and specifications of th delinter, which are referred to in the opinion: “To All Whom it may Concern: “Be it known that I, Abner D. Thomas, of little Rock, Arkansas,'have made a new and useful improvement in methods of and apparatus for delinting cotton seed, of which the following is a full, clear, and exact description.

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: Southern Appeal from the Circuit Court of the United States for the District of Mississippi. e Thomas ■ The following are the drawings and specifications of th delinter, which are referred to in the opinion: “To All Whom it may Concern: “Be it known that I, Abner D. Thomas, of little Rock, Arkansas,'have made a new and useful improvement in methods of and apparatus for delinting cotton seed, of which the following is a full, clear, and exact description. “In carrying out the improvement the lint-bearing seed is fed into a receptacle containing a lint-culling or seed-abrading part which, in…

1Opinion of the Court

SHELBY, Circuit Judge.

The bill beginning this suit was filed by the complainant (appellant here), an Arkansas corporation, against the defendant (appellee here), a Mississippi corporation. The complainant is the owner of patent No. 503,103, of date August 8, 1893, for a new and useful improvement in methods of and apparatus for deluding cotton seed, and known as the “Thomas Delinter.” It alleged that the defendant had infringed the patent of the complainant by making, using, and leasing, and offering to lease, a machine known as the “Baxter Deliuter,” ^patented October 16, 1900, as shown by…

2Cases cited5 opinions

  1. Cantrell v. WallickSupreme Court of the United States · 1886
  2. Robbins v. Dueber Watch-Case Manuf'g Co.U.S. Circuit Court for the District of Northern Ohio · 1895
  3. Simmons v. Standard Oil Co. of New YorkU.S. Circuit Court for the District of Northern New York · 1894
  4. Hardwick v. MaslandU.S. Circuit Court for the District of Eastern Pennsylvania · 1895
  5. Pennington v. KingU.S. Circuit Court for the District of Massachusetts · 1881

3Cited by2 opinions

  1. American Machinery & Construction Co. v. Stewart & HaasSupreme Court of Louisiana · 1905
  2. Hoe v. Miehle Printing Press & Mfg. Co.Court of Appeals for the Second Circuit · 1906

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