Summary
In Truman v. Implement Co., 87 F. 1006, which is in all essential particulars similar to this, and is treated in the briefs of counsel as a 'companion case,' because it involves substantially the same principles, appellant's counsel has made drawings which clearly illustrate the difference in the construction of the carts, after the former suit, from the carts which were held to be an infringement of the appellant's patent in the former suit.
Summary of this case from Truman v. HolmesOpinion
Appeal from the District Court of the United States for the District of Alaska.
Warren Gregory, for appellant.
Charles A. Garter, for the United States.
Before GILBERT, ROSS, and MORROW, Circuit Judges.
PER CURIAM.
This case is precisely similar to the case entitled 'La Nina,' heretofore decided by this court, and reported in 44 U.S.App. 648, 21 C.C.A. 434, and 75 F. 513. On the authority of that case, the decree appealed from is reversed, and the cause remanded, with instructions to the district court to dismiss the libel.