Elite Pottery Co. v. Dececo Co.
Court of Appeals for the Third Circuit
Appeal from the Circuit Court of the United States for the District of New Jersey. The following is the opinion of the Circuit Court by Lanning, District Judge: This cause comes before the court on bill and affidavits. One of the two-complainants, the Dececo Company, is the owner of the Frame and Neff Patent, No. 425,416, dated April 15, 1890, for an improvement in water-closets.
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Appeal from the Circuit Court of the United States for the District of New Jersey. The following is the opinion of the Circuit Court by Lanning, District Judge: This cause comes before the court on bill and affidavits. One of the two-complainants, the Dececo Company, is the owner of the Frame and Neff Patent, No. 425,416, dated April 15, 1890, for an improvement in water-closets. The patent was sustained by the Circuit Court of Appeals of the First Circuit in Dececo Company v. George E. Gilchrist Company, 125 Fed. 293, 60 C. C. A. 207. Shortly after the decision in that case the Dececo…
1Opinion of the Court
BUFFINGTON, Circuit Judge.
The grant or refusal of a preliminary injunction in this case was, under the facts, a question for the sound discretion of the court below. After argument and careful consideration we find nothing to warrant the conclusion on our part that such discretion was not wisely exercised by that court. Its decree will therefore be affirmed. In so doing we refrain from any present discussion of the question involved as such discussion may well await final hearing.
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