New York Filter Manuf'g Co. v. Elmira Water-Works Co.
U.S. Circuit Court for the District of Northern New York
This was a suit in equity by the New York Filter-Manufacturing Company against the Elmira Water-Works Company and others, for alleged infringement; of letters patent No. 293,740, issued February 19,1884, to Isaiah ¡8. Hyatt, for an improved method of clarifying water.
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This was a suit in equity by the New York Filter-Manufacturing Company against the Elmira Water-Works Company and others, for alleged infringement; of letters patent No. 293,740, issued February 19,1884, to Isaiah ¡8. Hyatt, for an improved method of clarifying water. This case was heretofore, on ¡¿September 20, 1897, heard on a motion for a preliminary injunction, and the injunction was granted. 82 Fed. 45!). A rehearing of the motion was granted, and the same has now been heard a second time.
1Opinion of the Court
COXE, District Judge.
As stated at the argument of the motion to strike out the complainant’s replying affidavits I very much regret that the defendants should have felt aggrieved by the service and reception of these papers. How they came to be examined, almost inadvertently, was then explained. It was to remove any possible injustice in this regard that the defendants were permitted to reply to these affidavits and the case was reopened for the purpose of receiving everything, material to the issue, which the defendants desired to present. Surely neither side can now complain ih at the…
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