Legal Opinion

Whippany Mfg. Co. v. United Indurated Fibre Co.

Court of Appeals for the Third Circuit

Decided March 28, 1898No. 11PublishedCited by 6 opinions

Appeal from the Circuit Court of the United States for the District of New Jersey. This was a suit in equity by the United Indurated Fibre Company of New Jersey and others against the Whippauy Manufacturing Company and others for alleged infringement of letters patent No. 267,492 (reissue No. 10,282) for a process of rendering paper or paper pulp articles hard, tough, and impervious; and also letters patent No. 342,609, to Martin L. Keyes, for a pail or other similar article…

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Appeal from the Circuit Court of the United States for the District of New Jersey. This was a suit in equity by the United Indurated Fibre Company of New Jersey and others against the Whippauy Manufacturing Company and others for alleged infringement of letters patent No. 267,492 (reissue No. 10,282) for a process of rendering paper or paper pulp articles hard, tough, and impervious; and also letters patent No. 342,609, to Martin L. Keyes, for a pail or other similar article formed of wood pulp or other similar fibrous material. The circuit court made an order granting a preliminary…

1Opinion of the Court

BUTLER, District Judge.

This is an appeal from a decree for preliminary injunction. The facts are well stated in the opinion filed below, and need not be repeated here. The learned judge discussed the exhibits and affidavits intelligently and carefully, apparently as if the case was up for final hearing. Were we required to determine the rights of the parties finally, on this evidence we might possibly adopt Ms conclusions. We are not however. That determination must await a future hearing, when the exhibits may be considered in the light of what witnesses say on examination and…

2Cases cited2 opinions

  1. Standard Elevator Co. v. Crane Elevator Co.Court of Appeals for the Seventh Circuit · 1893
  2. Brush Electric Co. v. Electric Storage Battery Co.U.S. Circuit Court for the District of New Jersey · 1894

3Cited by6 opinions

  1. Winchester Repeating Arms Co. v. OlmstedCourt of Appeals for the Seventh Circuit · 1913
  2. Gillette Safety Razor Co. v. Durham Duplex Razor Co.District Court, D. New Jersey · 1912
  3. Long Arm System Co. v. New York Shipbuilding Co.U.S. Circuit Court for the District of New Jersey · 1905
  4. Richmond Mica Co. v. De ClyneU.S. Circuit Court for the District of New Jersey · 1898
  5. Layne v. GettyCourt of Appeals for the Fifth Circuit · 1915

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