Legal Opinion

Dallas Machine & Locomotive Works, Inc. v. Willamette-Hyster Co.

District Court, D. Oregon

Decided February 6, 1939No. 9581PublishedCited by 1 opinion

1Opinion of the Court

JAMES ALGER FEE, District Judge.

Plaintiff is the assignee of United States Letters Patent No. 1,457,025, issued May 29, 1923, to Carl Gerlinger, and relating to lumber carriers. This is a suit, for in*208fringement thereof by the defendants, limited by bill of particulars to Claim 4 of the patent, which reads:

“Claim 4 is as follows:
“A Lumber Carrier, comprising
“1. A frame;
“2. Load-lifting means mounted therein:
“3. Means for transmitting motion from a source of power to the load-lifting means, comprising a clutch that can be set in neutral position or to cause the load-lifting means to move in…

2Cases cited13 opinions

  1. Hailes v. Van WormerSupreme Court of the United States · 1874
  2. Cimiotti Unhairing Co. v. American Fur Refining Co.Supreme Court of the United States · 1905
  3. Grinnell Washing MacHine Co. v. E. E. Johnson Co.Supreme Court of the United States · 1918
  4. Gillons v. Shell Co. of CaliforniaCourt of Appeals for the Ninth Circuit · 1936
  5. Howe MacHine Co. v. National Needle Co.Supreme Court of the United States · 1890

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3Cited by1 opinion

  1. Veaux v. Southern Oregon Sales, Inc.District Court, D. Oregon · 1940

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