Legal Opinion

Robert E. Caldwell, an Individual, and Caldwell Manufacturing Company, a Corporation v. Kirk Manufacturing Company, a Corporation

Court of Appeals for the Eighth Circuit

Decided August 13, 1959No. 16158_1PublishedCited by 21 opinions

1Opinion of the Court

SANBORN, Circuit Judge.

This is an appeal from a judgment for the Kirk Manufacturing Company, plaintiff (appellee), in a patent infringement action. The patent in suit is No. 2,581,-028 issued to William M. Kirk on January 1, 1952, for an “Animal Rubbing and Oiling Station or Apparatus.” The plaintiff owns the patent and is engaged in making and marketing the patented device. The defendants (appellants) make and sell a similar device originated by Robert E. Caldwell, which is alleged to infringe the Kirk patent. The accused Caldwell device is covered by two patents: No. 2,706,465 issued on…

2Cases cited16 opinions

  1. Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
  2. Eibel Process Co. v. Minnesota & Ontario Paper Co.Supreme Court of the United States · 1923
  3. Cuno Engineering Corp. v. Automatic Devices Corp.Supreme Court of the United States · 1942
  4. Temco Electric Motor Co. v. Apco Manufacturing Co.Supreme Court of the United States · 1928
  5. Trico Products Corporation v. Delman Corporation Delman Corporation v. Trico Products CorporationCourt of Appeals for the Eighth Circuit · 1950

11 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. M. O. S. Corporation v. John I. Haas Co., Inc.Court of Appeals for the Ninth Circuit · 1967
  2. John Deere Company of Kansas City, a Corporation, and Deere & Company, a Corporation v. William T. Graham, and Graham Plow, Inc.Court of Appeals for the Eighth Circuit · 1964
  3. Skee-Trainer, Inc., and Stewart J. Leonard v. Garelick Mfg. Co.Court of Appeals for the Eighth Circuit · 1966
  4. McGraw Company v. Central Transformer Corporation, Central Transformier Corporation v. McGraw CompanyCourt of Appeals for the Eighth Circuit · 1962
  5. Kell-Dot Industries, Inc. v. George O. Graves, D/B/A Michiana MillsCourt of Appeals for the Eighth Circuit · 1966

16 more not listed; retrieve them via the Exa API.

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