Warren Bros. Co. v. City of Grand Rapids

SESSIONS, District Judge.

This is a suit to enjoin the carrying out of a contract between the two defendants for the construction of a pavement on Barclay street in the city of Grand Rapids. It is claimed by complainant that the performance of this contract according to its specifications will necessarily involve an infringement of its patent No. 727,505 for the wearing surface of a street pavement which, after careful consideration, has been construed and sustained by the Circuit Court of Appeals of this circuit in the case of Warren Bros. Co. v. Owosso, 166 Fed. 309, 92 C. C. A. 227. In that…