Barber Asphalt Paving Co. v. Headley Good Roads Co.

MORRIS, District Judge.

This is an action at law instituted by Barber Asphalt Paving Company against Headley Good Roads Company to recover royalties under an agreement of July 8, 1919, authorizing the defendant to manufacture, use, and sell for the purposes therein mentioned bituminous emulsions manufactured in accordance with United States letters patent No. 956,009 to L. S. Van Westrum. The case has been tried by the court without a jury. A finding was made on July 13, 1922, in favor of the plaintiff. (D. C.) 283 Fed. 236. The defendant has moved for a new trial upon the ground of newly…