Asbestos Shingle, Slate & Sheathing Co. v. Asbestos Shingle Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by the Asbestos Shingle, Slate & Sheathing Company, and Hans Hatschek as executor against the Asbestos Shingle Company. Decree for defendant, and complainants appeal.
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Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Suit in equity by the Asbestos Shingle, Slate & Sheathing Company, and Hans Hatschek as executor against the Asbestos Shingle Company. Decree for defendant, and complainants appeal. This is a suit, for alleged infringement of reissued patent No. 12594 to Ludwig Hatschek for improvements in the manufacture of imitation stone plates, slabs, or tiles, for the process as well as for the product. The process covered by his patent consists in mixing hydraulic cement with comminuted…
1Opinion of the CourtAlschuler, Circuit Judge
(after stating the facts as above). The procedure under equity rule 58, as followed in this case, was sanctioned by this court in Bronk v. Charles H. Scott Co., 211 Fed. 338, 128 C. C. A. 17, where it is said:
“If the decree cannot be sustained by an application of the law to the facts admitted by appellant in her bill and in her answers to appellee’s interrogatories, the cause must be remanded for trial in due course. Undoubtedly the purpose of authorizing interrogatories was to enable the court to make a summary disposition of a cause by applying the law to an admitted state of facts; but,…
2Cases cited2 opinions
- Bronk v. Charles H. Scott Co.Court of Appeals for the Seventh Circuit · 1914
- Asbestos Shingle, Slate & Sheathing Co. v. Rock Fibre Mfg. Co.District Court, N.D. Illinois · 1914
3Cited by1 opinion
- Chase v. Reliable Mfg. Co.District Court, N.D. Illinois · 1932