Legal Opinion

Hestonville, M. & F. Pass. Ry. Co. v. McDuffee

Court of Appeals for the Third Circuit

Decided February 21, 1910No. 41PublishedCited by 17 opinions

Appeal from the Circuit Court of the United States for the Eastern District of Pennsylvania. Suit in equity by John I. McDuffee, trustee, and the Allis-Chalmers Company against the Hestonville, Mantua & Fairmount Passenger Railway Company and the General Electric Company. Decree for complainants (181 Fed. 503), and defendants appeal.

1Opinion of the Court

BUFFINGTON, Circuit Judge.

From a decree in the court below adjudging they had infringed patent No. 546,059, granted September 10, 1895, to William M. Schlesinger, assignor to John I. McDuffee, for an electric railway, the Hestonville, etc., Railway Company and the General Electric Company appealed to this court. The opinion of the court below, reported at 181 Fed. 503, so fully sets forth the pertinent facts that reference thereto obviates repetition. On November 25, 1885, which date it will be observed -was 10 years before the grant of the patent, Schlesinger filed his application. At that…

2Cases cited4 opinions

  1. Railway Co. v. SaylesSupreme Court of the United States · 1878
  2. Corbin Cabinet Lock Co. v. Eagle Lock Co.Supreme Court of the United States · 1893
  3. Pattee Plow Co. v. KingmanSupreme Court of the United States · 1889
  4. McDuffee v. Hestonville, M. & F. Pass. Ry. Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1910

3Cited by17 opinions

  1. Galion Iron Works & Mfg. Co. v. Beckwith MacHinery Co.Court of Appeals for the Third Circuit · 1939
  2. Simpson v. Newport News Shipbuilding & Dry Dock Co.District Court, S.D. New York · 1920
  3. Lindley v. ShepherdCourt of Appeals for the D.C. Circuit · 1928
  4. Bierly v. HappoldtCourt of Customs and Patent Appeals · 1953
  5. Insulite Co. v. Reserve Supply Co.Court of Appeals for the Eighth Circuit · 1932

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