Legal Opinion

Warren Bros. v. City of Montgomery

U.S. Circuit Court for the District of Middle Alabama

Decided August 9, 1909PublishedCited by 2 opinions

In Equity. See, also, 166 Fed. 309. The bill in this case is filed by Warren Bros. Company, the owners of letters patent No. 727,505, issued to J. S'. Warren, to prevent infringement of a new and useful improvement in street pavements. The defendants are the city of Montgomery and the Metropolitan Engineering & Construction Company, to whom the former lot the paving of a part of one of the streets in the city of Montgomery.

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In Equity. See, also, 166 Fed. 309. The bill in this case is filed by Warren Bros. Company, the owners of letters patent No. 727,505, issued to J. S'. Warren, to prevent infringement of a new and useful improvement in street pavements. The defendants are the city of Montgomery and the Metropolitan Engineering & Construction Company, to whom the former lot the paving of a part of one of the streets in the city of Montgomery. It is claimed that, if the specifications for the work are followed, it will necessarily result in the infringement of the patent. The case is now submitted on motion for…

1Opinion of the CourtJones, District Judge

(after stating the facts as above). This patent has been sustained by the Circuit Court of Appeals for the Sixth Circuit in Warren Bros. Co. v. City of Owosso, 166 Fed. 309. Warren Bros. Company, the complainant in that suit, sought an injunction to prevent the infringement of the same patent in the Circuit Court of the United States for the Eastern District of Illinois, in which tile Metropolitan Engineering & Construction Company intervened. In that case a preliminary injunction was refused. No opinion was rendered, and there is no statement of the reasons in the order denying the…

2Cases cited13 opinions

  1. Coffin v. OgdenSupreme Court of the United States · 1874
  2. Cantrell v. WallickSupreme Court of the United States · 1886
  3. Thomson-Houston Electric Co. v. Ohio Brass Co.Court of Appeals for the Sixth Circuit · 1897
  4. Brush v. ConditSupreme Court of the United States · 1889
  5. Cleveland Foundry Co. v. Detroit Vapor Stove Co.Court of Appeals for the Sixth Circuit · 1904

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3Cited by2 opinions

  1. Warren Bros. v. City of New YorkCourt of Appeals for the Second Circuit · 1911
  2. Cookingham v. Warren Bros.Court of Appeals for the Ninth Circuit · 1925

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