Legal Opinion

Lincoln Electric Co. v. Linde Air Products Co.

District Court, N.D. Ohio

Decided October 3, 1947No. Civ. A. 23448PublishedCited by 14 opinions

1Opinion of the Court

WILKIN, District Judge.

This cause came on for hearing on the motion* of the defendant for an allowance of attorneys’ fees, a proposed order and judgment, and the objections thereto. The request for attorneys’ fees is based on a recent enactment of Congress, 35 U.S.C.A. § 70. The statute was passed after the present action had been instituted, but it would be applicable to the present case if the circumstances warranted the allowance requested. It is apparent from the wording of the statute and its history that an award of attorneys’ fees should not be made in an ordinary case. The court is…

2Cited by14 opinions

  1. Park-In-Theatres, Inc. v. PerkinsCourt of Appeals for the Ninth Circuit · 1951
  2. Dubil v. Rayford Camp & Co.Court of Appeals for the Ninth Circuit · 1950
  3. Hope Basket Co. v. Product Advancement Corp.District Court, W.D. Michigan · 1952
  4. Laufenberg, Inc. v. Goldblatt Bros., IncCourt of Appeals for the Seventh Circuit · 1951
  5. Schreyer v. Casco Products Corp.District Court, D. Connecticut · 1951

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