Legal Opinion
Automatic Paper Machinery Co. v. Marcalus Mfg. Co.
Court of Appeals for the Third Circuit
Decided February 8, 1945No. 8589PublishedCited by 15 opinions
1Opinion of the Court
BIGGS, Circuit Judge.
The plaintiff Automatic Paper Machinery Company, Inc., sued Nicholas Marcalus and Marcalus Manufacturing Company, Inc., alleging infringement of United States Patent No. 1,843,429, and sought an injunction and an accounting. On a motion for a summary judgment filed by the plaintiff pursuant to Rule 56 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, the court below granted an injunction and ordered an accounting.1 The defendants have appealed.
The facts may be stated as follows. In 1924 Marcalus and Roswell H. Rausch organized Automatic. Rausch procured…
2Cases cited28 opinions
- Mercoid Corp. v. Mid-Continent Investment Co.Supreme Court of the United States · 1944
- Westinghouse Electric & Manufacturing Co. v. Formica Insulation Co.Supreme Court of the United States · 1924
- Muncie Gear Works, Inc. v. Outboard, Marine & Manufacturing Co.Supreme Court of the United States · 1942
- Bybee v. Oregon & California RailroadSupreme Court of the United States · 1891
- Noonan v. Chester Park Athletic Club Co.Court of Appeals for the Sixth Circuit · 1900
23 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Scott Paper Co. v. Marcalus Manufacturing Co.Supreme Court of the United States · 1945
- E-I-M Company, Inc. v. Philadelphia Gear Works, Inc.Court of Appeals for the Fifth Circuit · 1955
- Harry M. Perrin v. Daniel PearlsteinCourt of Appeals for the Second Circuit · 1963
- Lukens Steel Co. v. American Locomotive Co.District Court, N.D. New York · 1951
- California Concrete Co. v. Beverly Hills Savings & Loan Ass'nCalifornia Court of Appeal · 1989
10 more not listed; retrieve them via the Exa API.