Legal Opinion

Carson v. American Smelting & Refining Co.

Court of Appeals for the Ninth Circuit

Decided March 1, 1926No. 4304PublishedCited by 12 opinions

1Opinion of the Court

GILBERT, Circuit Judge.

The appellee presents a petition with supporting affidavits for leave to apply to the court below for permission to file a petition for an order reopening the case for rehearing and for amendment to the answer by setting forth prior use of the appellant’s invention in three large reverberatory furnaces in the plant of the Lake Superior Smelting Company at Dollar Bay, Mich., during the years 1903 to 1906, inclusive. Passing by the question whether there is adequate showing of diligence to discover this alleged newly discovered evidence, we think the petition to this…

2Cases cited16 opinions

  1. The Barbed Wire PatentSupreme Court of the United States · 1892
  2. Eibel Process Co. v. Minnesota & Ontario Paper Co.Supreme Court of the United States · 1923
  3. Gayler v. WilderSupreme Court of the United States · 1851
  4. Deering v. Winona Harvester WorksSupreme Court of the United States · 1894
  5. Michigan Insurance Bank v. EldredSupreme Court of the United States · 1892

11 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Metallizing Engineering Co. v. Kenyon Bearing & Auto Parts Co.Court of Appeals for the Second Circuit · 1946
  2. Jeoffroy Mfg., Inc. v. GrahamCourt of Appeals for the Fifth Circuit · 1953
  3. Carson Inv. Co. v. Anaconda Copper Mining Co.Court of Appeals for the Ninth Circuit · 1928
  4. American Stainless Steel Co. v. Rustless Iron Corp. of AmericaCourt of Appeals for the Fourth Circuit · 1934
  5. Rown v. Brake-Testing Equipment Corp.Court of Appeals for the Ninth Circuit · 1931

7 more not listed; retrieve them via the Exa API.

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