Legal Opinion

Mallon v. William C. Gregg & Co.

Court of Appeals for the Eighth Circuit

Decided April 17, 1905No. 2,115PublishedCited by 20 opinions

Appeal from the Circuit Court of the United States for the District of Minnesota. This is a suit for the infringement of letters patent No. 583,408, issued May 25, 1S97, to the complainant, James Mallon, assignor of one-half to James W. Bodley, upon an application filed February 20, 1897. The machine of the defendants which is alleged to infringe is described in letters patent No. 670,176, issued to William C. Gregg on March 19, 1901, upon an application filed December 18,…

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Appeal from the Circuit Court of the United States for the District of Minnesota. This is a suit for the infringement of letters patent No. 583,408, issued May 25, 1S97, to the complainant, James Mallon, assignor of one-half to James W. Bodley, upon an application filed February 20, 1897. The machine of the defendants which is alleged to infringe is described in letters patent No. 670,176, issued to William C. Gregg on March 19, 1901, upon an application filed December 18, 1900. The defenses' are lack of novelty in the combination of the complainants, and no infringement of their monopoly by…

1Opinion of the CourtSanborn, Circuit Judge

The machines to be considered in this case were devised for the purpose of unloading sugar-cane from cars. The patents which describe them are for combinations of old and well-known mechanical elements.

In the process of manufacturing sugar, the cane is brought upon open box cars along to the side of a continuously moving conveyor,, which carries and feeds it to the mill where it is crushed. When a car is to be unloaded, the side of it toward the conveyor, which is hinged at the lower edge, is turned down until its upper edge rests upon the floor or upon the top of the stationary wall by the…

2Cases cited14 opinions

  1. Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
  2. Potts v. CreagerSupreme Court of the United States · 1895
  3. Railway Co. v. SaylesSupreme Court of the United States · 1878
  4. National Hollow Brake-Beam Co. v. Interchangeable Brake-Beam Co.Court of Appeals for the Eighth Circuit · 1901
  5. Hobbs v. BeachSupreme Court of the United States · 1901

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3Cited by20 opinions

  1. Tropic-Aire, Inc. v. Sears, Roebuck & Co.Court of Appeals for the Eighth Circuit · 1930
  2. Freeman v. AltvaterCourt of Appeals for the Eighth Circuit · 1933
  3. Trico Products Corporation v. Delman Corporation Delman Corporation v. Trico Products CorporationCourt of Appeals for the Eighth Circuit · 1950
  4. Ford Motor Co. v. Parks & Bohne, Inc.Court of Appeals for the Eighth Circuit · 1927
  5. Tropic-Aire, Inc. v. Cullen-Thompson Motor Co.Court of Appeals for the Tenth Circuit · 1939

15 more not listed; retrieve them via the Exa API.

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