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OREGON IMP. CO. v. EXCELSIOR COAL CO.

No. 1198.

132 U.S. 215 (1889)

10 S.Ct. 54

33 L.Ed. 344

OREGON IMPROVEMENT COMPANY, v. EXCELSIOR COAL COMPANY.

Supreme Court of United States.

Decided November 25, 1889.

Attorney(s) appearing for the Case

Mr. Sidney V. Smith and Mr. John A. Wright, for plaintiff in error, submitted on their briefs.

Mr. J.J. Scrivner, for defendant in error, submitted on his brief.

MR. JUSTICE BLATCHFORD delivered the opinion of the court.

This is an action at law brought by The Excelsior Coal Company, a corporation, against The Oregon Improvement Company, another corporation, in the Circuit Court of the United States for the Northern District of California, for the infringement of a reissued patent.

The complaint avers that, on the surrender of the original patent, a new patent was issued to the patentee "for the same invention, for...

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