Legal Opinion

Gamewell Fire-alarm Tel. Co. v. Municipal Signal Co.

Court of Appeals for the First Circuit

Decided January 4, 1894No. 42PublishedCited by 11 opinions

Appeal from the Circuit Court of the United States for the District of Massachusetts. This was a suit by the Municipal Signal Company, licensee, and James E. Oyster, assignee, to restrain the Camewell Eire-Alarm Telegraph Company and others from infringing letters patent. No. 178,750, granted June 18, 1876, to Henry Ennis. The patent was for an improvement in telegraphic fire alarms.

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Appeal from the Circuit Court of the United States for the District of Massachusetts. This was a suit by the Municipal Signal Company, licensee, and James E. Oyster, assignee, to restrain the Camewell Eire-Alarm Telegraph Company and others from infringing letters patent. No. 178,750, granted June 18, 1876, to Henry Ennis. The patent was for an improvement in telegraphic fire alarms. The circuit court entered an interlocutory decree granting a perpetual injunction, and referred the cause to a master to take an account of profits. 52 Fed. 464.

1Per curiam 1

Pending the appeal, and before argument of the cause in this court, the letters patent in suit expired, and with that expiration' the interlocutory injunction appealed from termi*209nated. There is, therefore, nothing remaining for a judgment of this court to act upon. In this condition of the cause the court will no further consider whether the injunction was or was not properly-granted, bat will dismiss the appeal.

Appeal dismissed; no costs on appeal to either party.

After the foregoing opinion was rendered, a petition for rehearing was filed, but was withdrawn by leave of the court. The court…

Also in this document: Per curiam 2.

2Cases cited1 opinion

  1. Richmond v. AtwoodCourt of Appeals for the First Circuit · 1892

3Cited by11 opinions

  1. Marden v. Campbell Printing-Press & Manufacturing Co.Court of Appeals for the First Circuit · 1895
  2. Rowe v. BatemanIndiana Supreme Court · 1899
  3. Wilson v. Byron Jackson Co.Court of Appeals for the Ninth Circuit · 1937
  4. Hale v. BergIndiana Court of Appeals · 1908
  5. Lockwood v. WickesCourt of Appeals for the Eighth Circuit · 1895

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