Riverside Heights Orange Growers' Ass'n v. Stebler
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Southern Division of the Southern District of California; Benj. F. Bledsoe, Judge. _ _ , _ _ Suit in equity .by Fred Stebler against the Riverside Heights Orange Growers’ Association and George D. Parker. Decree for complainant, and both parties appeal.
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Appeal from the District Court of the United States for the Southern Division of the Southern District of California; Benj. F. Bledsoe, Judge. _ _ , _ _ Suit in equity .by Fred Stebler against the Riverside Heights Orange Growers’ Association and George D. Parker. Decree for complainant, and both parties appeal. Suit to restrain infringement of plaintiff’s patent for a combination of certain elements in a fruit-grading machine and to recover damages for the infringement thereof. Plaintiff, Stebler, commenced suit on May 24, 1910, in the United States Circuit Court for the Southern District of…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). [1, 2] 1. It is contended by the appellee that appellants’ second and third assignments of error, attacking the judgment of the lower court approving the allowance by the master of damages in excess of nominal damages, and of profits upon the entire machines sold by the defend*706ant Parker, complete with bins and distributing systems, instead of upon the patented grader only, are defective, in that they raise objections which were not presented to or considered by the lower court. Other than this, there is no answering argument made by appellee with respect to…
2Cases cited16 opinions
- Topliff v. TopliffSupreme Court of the United States · 1892
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Root v. Railway Co.Supreme Court of the United States · 1882
- Garretson v. ClarkSupreme Court of the United States · 1884
- Cimiotti Unhairing Co. v. American Fur Refining Co.Supreme Court of the United States · 1905
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- Saf-Gard Products, Inc. v. Service Parts, Inc.District Court, D. Arizona · 1980
- Dunkley Co. v. Central California CanneriesCourt of Appeals for the Ninth Circuit · 1925
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