Hutton v. City of Omaha

Redick, District Judge.

This action was brought March 28, 1921, by appellees Hutton and Jorgensen against the appellant, City of Omaha, to recover royalties claimed to be due for the use by defendant of a certain device for a sewer inlet upon which appellees have a patent of the United States which was applied for May 1, 1917, and granted July 29, 1919. The *851city admits the use of the device, but denies any liability for royalties on the ground of an implied license of the patentees to use the same without compensation. There was a verdict and judgment for the plaintiff, and defendant appeals.

Pl…