Legal Opinion

Petersime Incubator Co. v. Bundy Incubator Co.

Court of Appeals for the Sixth Circuit

Decided November 3, 1937No. 7713PublishedCited by 1 opinion

1Opinion of the Court

ALLEN, Circuit Judge.

Appeal from an order of the District Court dismissing a bill of complaint praying for leave to take depositions in perpetúan! rei memoriam under 28 U.S.C. § 644 (28 U.S.C.A. § 644).1

The parties are competitors in the business of manufacturing incubators, appellant being the owner of Petersime patent No. 1,562,787, and appellee being the own-, er of Stover patents Nos. 1,911,249, and 1,911,250. On August 6, 1935, appellant filed a bill of complaint (Equity Case No, 391, Southern District of Ohio, Western Division) in which it prayed for an injunction, accounting and…

2Cases cited4 opinions

  1. Arizona v. CaliforniaSupreme Court of the United States · 1934
  2. Hall v. StoutCourt of Chancery of Delaware · 1871
  3. Westinghouse Mach. Co. v. Electric Storage Battery Co.Court of Appeals for the Third Circuit · 1909
  4. New York & Baltimore Coffee Polishing Co. v. New York Coffee Polishing Co.U.S. Circuit Court for the District of Eastern New York · 1881

3Cited by1 opinion

  1. Mosseller v. United StatesCourt of Appeals for the Second Circuit · 1946

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