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POPE M'F'G CO. v. GORMULLY M'F'G CO.

No. 206.

144 U.S. 238 (1892)

12 S.Ct. 637

36 L.Ed. 419

POPE MANUFACTURING COMPANY, v. GORMULLY & JEFFERY MANUFACTURING COMPANY. (No. 2.)

Supreme Court of United States.

Decided April 4, 1892.

Attorney(s) appearing for the Case

Mr. Lewis L. Coburn and Mr. Edmund Wetmore for appellant.

Mr. Charles K. Offield for appellees. Mr. W.C. Goudy was with him on the brief.

MR. JUSTICE BROWN delivered the opinion of the court.

The bill in this case, in addition to the usual allegations of a bill for the infringement of a patent, sets forth as a distinct ground for recovery the violation of the contract of December 1, 1884, which it was claimed was obligatory upon the defendants. As this claim was, however, disposed of in the cases Nos. 204 and 205, just decided adversely to the plaintiff, upon grounds which are equally available here...

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