Wagner v. Meccano
Court of Appeals for the Sixth Circuit
On motion by appellants for an order authorizing and directing the District Court to reopen the case and receive further evidence. On motion by appellee to dismiss. Matter referred to District Court, with leave to reopen case. For opinion below, see 234 Fed. 912.
1Per curiam
After an interlocutory decree in favor of plaintiff in a patent case, and after an appeal to this court has been allowed and perfected, but before the statement of evidence h^s been settled in the District Court, and so before the transcript has been filed in this court, the deféndant discovers a new anticipation, and moves this court for an order authorizing and directing the district court to reopen the case to receive further evidence.
[1] If the decree below had been final, the jurisdiction of that court to reopen would have been lost by the perfected appeal; and, whether or not with this…
2Cases cited4 opinions
- Roemer v. SimonSupreme Court of the United States · 1875
- Greene v. United Shoe Machinery Co.Court of Appeals for the First Circuit · 1903
- Mossberg v. NutterCourt of Appeals for the First Circuit · 1903
- Nutter v. MossbergU.S. Circuit Court for the District of Massachusetts · 1902
3Cited by11 opinions
- United States v. Newbury Mfg. Co.Court of Appeals for the First Circuit · 1941
- Duke Power Co. v. Greenwood CountyCourt of Appeals for the Fourth Circuit · 1937
- Jensen v. New York Life Ins. Co.Court of Appeals for the Eighth Circuit · 1931
- Partridge v. St. Louis Joint Stock Land BankCourt of Appeals for the Eighth Circuit · 1942
- Baltimore S. S. Co. v. PhillipsCourt of Appeals for the Second Circuit · 1925
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