Linde Air Products Co. v. Morse Dry Dock & Repair Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. Suit by the Linde Air Products Company against the Morse Dry Dock & Repair Company. From a decree dismissing the bill (239 Fed. 909), complainant appeals. The action is the usual bill in equity upon patent to Jottrand, No. 831,078, and all the claims thereof.
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Appeal from the District Court of the United States for the Eastern District of New York. Suit by the Linde Air Products Company against the Morse Dry Dock & Repair Company. From a decree dismissing the bill (239 Fed. 909), complainant appeals. The action is the usual bill in equity upon patent to Jottrand, No. 831,078, and all the claims thereof. The application was filed August 22, 1005, and the patent issued September 18, 1906. The specification purports to disclose a process or method of cutting metal articles, particularly those of a readily oxidizable metal, by means of a blowpipe of…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). The procedural question raised herein is not without importance, if plaintiff’s contentions are justified. They suggest consideration of (1) the fundamental nature of that portion of a decree not specifically covered by equity rule 71 (198 Eed. xxxviii, 115 C. C. A. xxxviii), i. e., the mandatory part; and (2) the effect of an appeal upon the trial record.
[1, 2] Undoubtedly there is a wide discretion in a chancellor as to the frame or language of his decree, but the “forms and modes of expression, by which any tribunal pronounces its discretion to have been…
2Cases cited9 opinions
- Seymour v. OsborneSupreme Court of the United States · 1871
- Holmes v. JennisonSupreme Court of the United States · 1840
- Edison v. American Mutoscope & Biograph Co.Court of Appeals for the Second Circuit · 1907
- Nashua & Lowell R. v. Boston & Lowell R.Court of Appeals for the First Circuit · 1894
- Pittsburgh, C. & St. L. Ry. Co. v. Baltimore & O. R.Court of Appeals for the Sixth Circuit · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Century Distilling Co. v. Continental Distilling Co.Court of Appeals for the Third Circuit · 1939
- Mills Novelty Co. v. Monarch Tool & Mfg. Co.Court of Appeals for the Sixth Circuit · 1931
- Bryan W. Nickerson, Jr. v. The Bearfoot Sole Company, Inc., the Bearfoot Airway Corporation,defendants-AppellantsCourt of Appeals for the Sixth Circuit · 1963
- Shellman v. ShellmanCourt of Appeals for the D.C. Circuit · 1938
- Rich Products Corporation v. Mitchell Foods, Inc., and Frank S. MitchellCourt of Appeals for the Second Circuit · 1966
24 more not listed; retrieve them via the Exa API.