Minerals Separation, Ltd. v. Butte & Superior Mining Co.
District Court, D. Montana
In Equity. Suit by the Minerals Separation, Rimited, and others against the Butte & Superior Mining Company. On motion to determine standard of comparison for guidance of master in accounting.
1Opinion of the Court
BOURQUIN, District Judge.
Plaintiffs’ patent valid, and defendant having infringed it (250 U. S. 336, 39 Sup. Ct. 496, 63 L. Ed. 1019), the suit is in the final stage, and has been referred to a master to take and state an account. Therein plaintiffs move the court to determine a standard of comparison for the guidance of the master. The standard they contend for is processes known (1) at the date of patent; or (2) at the date infringement began.
Defendant resists specific and particular instructions to the master as calculated to embarrass the proceedings by vague determinations in respect to…
2Cases cited7 opinions
- Coupe v. RoyerSupreme Court of the United States · 1895
- Minerals Separation, Ltd. v. Butte & Superior Mining Co.Supreme Court of the United States · 1919
- McCreary v. Pennsylvania Canal Co.Supreme Court of the United States · 1891
- Columbia Wire Co. v. Kokomo Steel & Wire Co.Court of Appeals for the Seventh Circuit · 1911
- Fullerton Walnut Growers' Ass'n v. Anderson-Barngrover Mfg. Co.Court of Appeals for the Ninth Circuit · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Wolf Mineral Process Corp. v. Mineral Separation North American Corp.District Court, D. Maryland · 1925
- Carson v. American Smelting & Refining Co.District Court, W.D. Washington · 1928