Facer Forged Steel Car Wheel & Locomotive Wheel Co. v. Carnegie Steel Co.

WOOLLEY, Circuit Judge.

This appeal is from a decree of the District Court dismissing the plaintiff’si bill for delay in prosecution. The question whether the court had equitable jurisdiction, in view of the fact that the bill, praying for an injunction, was filed only twenty-five days before the expiration of the patent, was one primarily for the trial court. As the trial court did not decide it, we shall not consider it. Therefore the only question here for review is whether the trial judge abused his discretion in dismissing the bill.

This case was brought in 1912 — more than ten years ago.…