Allis-Chalmers Mfg. Co. v. Columbus Electric & Power Co.

BRYAN, Circuit Judge.

This court has heretofore held that the White patent, No. 1,076,617, is valid and had been infringed by appellees. 19 F.(2d) 860. Writ of certiorari has recently been denied by the Supreme Court. 48 S. Ct. 141, 72 L. Ed. -. An accounting remains to bo had, and, to avoid this, appellees have filed here a petition for leave to make application to the District Court for a rehearing in the nature of a. bill of review upon the question of the validity of the patent. The petition before us is based on the ground of newly discovered evidence, which it is insisted shows that…