Warren Bros. v. City of New York
Court of Appeals for the Second Circuit
Appeal from the- Circuit Court of the United States for the Southern District of New York. Suit in equity by the Warren Bros. Company against the City of New York and the Uvalde Asphalt Paving Company. From an order granting a preliminary injunction, defendants appeal.
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Appeal from the- Circuit Court of the United States for the Southern District of New York. Suit in equity by the Warren Bros. Company against the City of New York and the Uvalde Asphalt Paving Company. From an order granting a preliminary injunction, defendants appeal. This cause comes here upon appeal from an order granting preliminary injunction against a threatened infringement of claims 5, 6, and 11 of letters patent No. 727,505, granted to Frederick J. Warren, May 5, 1903, for a new and useful improvement in pavements. A statement of the claims and a discussion of the issues will be…
1Opinion of the Court
LACOMBE, Circuit Judge.
[1] This patent was discussed by the Court of Appeals for the Sixth Circuit in a carefully considered opinion. The patent was held valid and the claims construed. Warren v. City of Owosso, 166 Fed. 309, 92 C. C. A. 227. Referring to this circumstance Jttdge Coxe states the principles which should control when application for a preliminary injunction is subsequently made and resisted on ex parte affidavits, as follows:
“There can be no doubt that the doctrine of comity not only, but the orderly administration of justice, recluiros that the Circuit Court should adopt and…
2Cases cited8 opinions
- Mast, Foos & Co. v. Stover Manufacturing Co.Supreme Court of the United States · 1900
- Warren Bros. Co. v. City of OwossoCourt of Appeals for the Sixth Circuit · 1909
- American Paper Pail & Box Co. v. National Folding Box & Paper Co.Court of Appeals for the Second Circuit · 1892
- New York Filter Manuf'g Co. v. Niagara Falls Waterworks Co.Court of Appeals for the Second Circuit · 1897
- Consolidated Rubber Tire Co. v. Diamond Rubber Co.Court of Appeals for the Second Circuit · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Williams v. Hughes Tool Co.Court of Appeals for the Tenth Circuit · 1950
- Cookingham v. Warren Bros.Court of Appeals for the Ninth Circuit · 1925
- Warren Bros. v. EvansDistrict Court, E.D. Pennsylvania · 1916
- Warren Bros. Co. v. City of Grand RapidsDistrict Court, W.D. Michigan · 1912
- Parsons Non-Skid Co. v. E. J. Willis Co.U.S. Circuit Court for the District of Southern New York · 1911
3 more not listed; retrieve them via the Exa API.