Keasbey v. Philip Carey Mfg. Co.

LACOMBE, Circuit Judge.

This is a motion for an injunction, pendente lite to restrain defendants from making or selling certain nonconducting coverings or jackets, composed of a major portion of carbonate of or calcined magnesia and asbestos. The motion is based on three grounds: First, that the defendants’ product infringes United States patent No. 345,843, July 20, 1886, to H. M. Hanmore and others, now owned by complainant; second, that defendants in selling such product designate the same as 85 per cent, magnesia, which is alleged to be unfair competition; and, third, that defendants have…