Legal Opinion · Dissent
Tatko Bros. Slate Co., Inc. v. Matthew Hannon
Court of Appeals for the Second Circuit
Decided September 11, 1959No. 142, Docket 25244Published
Madden, Judge, United States Court of Claims, dissented.
1DissentMadden, Judge
The Court rightly concludes, as did Judge Gibson in the District Court, that the prior decision involving this same patent, and holding it invalid, Vermont Structural Slate Co. v. Tatko Bros. Slate Co., D.C., 134 F.Supp. 4, affirmed by this Court, 233 F.2d 9, is not a bar to the plaintiff’s suit. The instant case being, then, open for normal appellate treatment, has not, I think, received such treatment at the hands of the Court. A crucial finding of fact of the District Judge has, it seems to me, been, without justification, discarded.
Judge Gibson found, as the Court recites, that “for a…
2Cases cited5 opinions
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Vermont Structural Slate Company, Inc. v. Tatko Brothers Slate Company, Inc.Court of Appeals for the Second Circuit · 1956
- Matter of Michael Morasco, Bankrupt. I. Louis Kottler, Trustee-Appellee, Mercury Dry Cleaning Equipment Co. And Kaypan Dry Cleaning MacHinery Corp.Court of Appeals for the Second Circuit · 1956
- Vermont Structural Slate Co. v. Tatko Bros. Slate Co.District Court, N.D. New York · 1955
- Tatko Bros. Slate Co. v. HannonDistrict Court, D. Vermont · 1957