Legal Opinion

Huntington Dry Pulverizer Co. v. Newell Universal Mill Co.

U.S. Circuit Court for the District of Southern New York

Decided January 23, 1899PublishedCited by 1 opinion

This was a suit in equity by the Huntington Dry Pulverizer Company and Laura C. Huntington against the Newell Universal Mill Company-and others for alleged infringement of two patents relating to stone and. ore crushers. The cause was heard on motion for preliminary injunction.

1Opinion of the Court

LACOMBE, Circuit Judge.

The application is made to enjoin an infringement of patent No. s 277,134, claims 1 and 2, and patent No. 325,804, claims 1 and 2. The later patent has never been adjudicated. The earlier patent was sustained in the circuit court, district of New Jersey (89 Fed. 323),' but an examination of Judge Kirkpatrick’s opinion indicates that claim 1 only was considered. In the case at bar, therefore, it is only necessary to inquire whether there has been infringement of the first claim of No. 277,134. All inquiries as to infringement of the second claim of that patent, or of the…

2Cases cited1 opinion

  1. Huntington Dry Pulverizer Co. v. Whittaker Cement Co.U.S. Circuit Court for the District of New Jersey · 1898

3Cited by1 opinion

  1. Huntington Dry-Pulverizer Co. v. Newell Universal Mill Co.U.S. Circuit Court for the District of Southern New York · 1901

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