Legal Opinion

Jockmus v. Leviton

Court of Appeals for the Second Circuit

Decided October 29, 1928No. 157PublishedCited by 28 opinions

1Opinion of the CourtL. Hand, Circuit Judge

(after stating the facts as above).

We are content to follow the ruling in Imperial Glass Co. v. Heisey, 294 F. 267 (C. C. A. 6), that a catalogue distributed generally to a trade is a publication within Revised Statutes § 4886, 35 USCA § 31. It may indeed be that such a document was not a “public work” under the act of 1836 (5 Stat. 117), and that Parsons v. Colgate (C. C.) 15 F. 600, was rightly decided, though the brief comment in the opinion does not take the distinction. Reeves v. Keystone Bridge Co., 20 Fed. Cas. 466, No. 11,660, only threw out a doubt, and went off on another point.…

2Cases cited7 opinions

  1. Huebner-Toledo Breweries Co. v. Mathews Gravity Carrier Co.Court of Appeals for the Sixth Circuit · 1918
  2. Imperial Glass Co. v. HeiseyCourt of Appeals for the Sixth Circuit · 1923
  3. Keene v. New Idea Spreader Co.Court of Appeals for the Sixth Circuit · 1916
  4. Britton v. White Manuf'g Co.District Court, D. Connecticut · 1894
  5. New Process Fermentation Co. v. KochU.S. Circuit Court for the District of Eastern Michigan · 1884

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3Cited by28 opinions

  1. The Garrett Corporation v. The United StatesUnited States Court of Claims · 1970
  2. In Re Carol F. Klopfenstein and John L. Brent, JrCourt of Appeals for the Federal Circuit · 2004
  3. Deep Welding, Inc. v. Sciaky Bros., Inc.Court of Appeals for the Seventh Circuit · 1969
  4. In re BayerCourt of Customs and Patent Appeals · 1978
  5. Popeil Brothers, Inc. v. Schick Electric, Inc.Court of Appeals for the Seventh Circuit · 1974

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