Legal Opinion

Hurd v. James Goold Co.

Court of Appeals for the Second Circuit

Decided February 10, 1913No. 117PublishedCited by 6 opinions

Appeal from the District Court of the United States for the Northern District of New York; George W. Ray, Judge. _ , _ Suit in equity by Janies D. Hurd, the Consolidated Rubber Tire Company, and the Rubber Tire Wheel Company against the James Goold Company. From an order granting a preliminary injunction; defendant appeals. This cause comes here upon appeal from an order granting á preliminary injunction.

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Appeal from the District Court of the United States for the Northern District of New York; George W. Ray, Judge. _ , _ Suit in equity by Janies D. Hurd, the Consolidated Rubber Tire Company, and the Rubber Tire Wheel Company against the James Goold Company. From an order granting a preliminary injunction; defendant appeals. This cause comes here upon appeal from an order granting á preliminary injunction. The suit is one for infringement of the well-known Grant patent for rubber-tired wheels. The defendant is a dealer in this circuit, who buys his tires from the Goodyear Company at Akron,…

1Per curiam

It is unnecessary to recite the history of the litigation under this patent or to set forth in detail the facts of this case. Reference may be made to the opinion in the court below and to our certification of questions to the Supreme Court in the suit of the same plaintiff against Seim and Reissig, December 7, 1911. 191 F. R. 832, 112 C. C. A. 346. The questions certified have not yet been reached for argument in the Supreme Court.

[1] It is manifest that the answers to those questions will have a controlling influence on the determination of this suit. They deal with the rights which…

2Cases cited3 opinions

  1. Diamond Rubber Co. of New York v. Consolidated Rubber Tire Co.Supreme Court of the United States · 1911
  2. Kessler v. EldredSupreme Court of the United States · 1907
  3. Hurd v. SeimCourt of Appeals for the Second Circuit · 1911

3Cited by6 opinions

  1. Independent Wireless Telegraph Co. v. Radio Corp. of AmericaSupreme Court of the United States · 1926
  2. DDB Technologies, L.L.C. v. MLB Advanced Media, L.P.Court of Appeals for the Federal Circuit · 2008
  3. Radio Corp. of America v. EmersonCourt of Appeals for the Second Circuit · 1924
  4. Innis, Speiden & Co. v. Food Machinery Corp.District Court, D. Delaware · 1942
  5. Radio Corp. of America v. Independent Wireless Telegraph Co.Court of Appeals for the Second Circuit · 1924

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