Legal Opinion · Dissent

Hughes Tool Co. v. International Supply Co.

Court of Appeals for the Tenth Circuit

Decided January 17, 1931No. 129Published

1DissentMcDERMOTT, Circuit Judge

■. I eannot agree with the conclusions reached by my associates as to the Godbold and Fletcher patent. I agree with the principles of law stated by Judge COTTERAL, but I cannot agree as to the facts. I also agree with Judge COTTERAL that an isolated answer of the inventor while on the witness stand, which was emphasized by the trial court in a colloquial way, is not entitled to emphasis. However, I put little emphasis on the colloquy itself, as I do not understand that a trial court’s remarks impair the force of the general findings of its decree. 'But the record is here, and without…

2Cases cited2 opinions

  1. Linville v. MilbergerCourt of Appeals for the Tenth Circuit · 1929
  2. Gates Iron Works v. Overland Gold Min. Co.Court of Appeals for the Eighth Circuit · 1906

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