Legal Opinion

Heckscher v. Pennsylvania Steel Co.

District Court, E.D. Pennsylvania

Decided May 15, 1913No. 963PublishedCited by 3 opinions

In Equity. Suit by August Heckscher against the Pennsylvania Steel Company. On demurrer to bill. Sustained, and suit transferred to law side.

1Opinion of the Court

J. B. McPHERSON, Circuit Judge.

The plaintiff, a-citizen of New York, who is the assignee and present owner of two patented processes for "treating fine materials in rotary kilns,” is suing the defendant, a Pennsylvania corporation, to recover royalties said to be due under a license granted by the patentee. The bill is demurred to on the ground that the plaintiff has an adequate remedy at law, and in my opinion the demurrer must prevail. I am not able to distinguish the controversy from' Root v. Railway Company, 105 U. S. 189, 26 L. Ed. 975—the leading decision on the subject of equitable…

2Cases cited10 opinions

  1. Root v. Railway Co.Supreme Court of the United States · 1882
  2. Washburn & Moen Manuf'g Co. v. Cincinnati Barbed Wire Fence Co.U.S. Circuit Court for the District of Southern Ohio · 1890
  3. Consolidated Middlings Purifier Co. v. WolfUnited States Circuit Court · 1886
  4. Perkins v. HendryxU.S. Circuit Court for the District of Massachusetts · 1885
  5. Washburn & Moen Manuf'g Co. v. Freeman Wire Co.U.S. Circuit Court for the District of Eastern Missouri · 1890

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3Cited by3 opinions

  1. Goldschmidt Thermit Co. v. Primos Chemical Co.District Court, E.D. Pennsylvania · 1915
  2. Loose v. Bellows Falls Pulp Plaster Co.Court of Appeals for the Second Circuit · 1920
  3. United States v. Sinclair Prairie Oil Co.District Court, N.D. Oklahoma · 1937

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