Legal Opinion

Western Battery & Supply Co. v. Hazelett Storage Battery Co.

Court of Appeals for the Eighth Circuit

Decided August 10, 1932No. 9447, 9448PublishedCited by 3 opinions

1Opinion of the Court

KENYON, Circuit Judge.

Appellees (herein at times called plaintiffs) brought their respective suits in the District Court of the United States for the Western District of Missouri to restrain appellant (henceforth frequently called defendant) from further infringement of certain letters patent held by plaintiffs, and to obtain an accounting for past infringement. Defendant did not question the validity of the patents sued on, and admitted the doing of acts which, unless authorized, would constitute infringement; but pleaded license and estoppel as affirmative defenses. The two cases wore…

2Cases cited15 opinions

  1. Home Fire Insurance v. BarberNebraska Supreme Court · 1903
  2. Sears v. ChoateMassachusetts Supreme Judicial Court · 1888
  3. Rosenthal Paper Co. v. National Folding Box & Paper Co.New York Court of Appeals · 1919
  4. Eakle v. IngramCalifornia Supreme Court · 1904
  5. Sands v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1907

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3Cited by3 opinions

  1. Bangor & Aroostook Railroad v. Bangor Punta Operations, Inc.District Court, D. Maine · 1972
  2. MILLER & LUX INCORPORATED v. NickelDistrict Court, N.D. California · 1956
  3. Binz Hide & Tallow Co. v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1939

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