Toledo Metal Wheel Co. v. Foyer Bros. & Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States, for the Western Division of the Northern District of Ohio; John IVL. Killits, Judge. _ Suit in equity by Foyer Bros. & Co. against the Toledo Metal Wheel Company. Decree for complainant, and defendant appeals.
1Opinion of the Court
WARRINGTON, Circuit Judge.
[1] This was a suit to enjoin alleged infringement of a patent, and issue was joined through answer and replication. The appellee (plaintiff) offered evidence to support the allegations of the bill, and thereupon the appellant (defend7 ant) moved to dismiss the cause on the ground that plaintiff’s proofs did not make a prima facie ease. The motion was denied, and defendant, declining to introduce proofs in defense, prayed final hearing. Decree was entered finding infringement and granting the usual injunction, reference, and accounting, and the decree contained other…
2Cases cited27 opinions
- Richmond v. IronsSupreme Court of the United States · 1887
- Cantrell v. WallickSupreme Court of the United States · 1886
- Hardin v. BoydSupreme Court of the United States · 1885
- Bowling Green Savings Bank v. . ToddNew York Court of Appeals · 1873
- Badische Anilin & Soda Fabrik v. A. Klipstein & Co.U.S. Circuit Court for the District of Southern New York · 1903
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3Cited by14 opinions
- United States v. Ralph W. RossCourt of Appeals for the Sixth Circuit · 1976
- Kalo Inoculant Co. v. Funk Bros. Seed Co.Court of Appeals for the Seventh Circuit · 1947
- Mutual Benefit Health & Accident Ass'n v. SnyderCourt of Appeals for the Sixth Circuit · 1940
- Callison v. DeanCourt of Appeals for the Tenth Circuit · 1934
- Unique Concepts, Inc. v. BrownDistrict Court, S.D. New York · 1987
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