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

No. 208.

144 U.S. 254 (1892)

12 S.Ct. 643

36 L.Ed. 426

POPE MANUFACTURING COMPANY, v. GORMULLY & JEFFERY MANUFACTURING COMPANY. (No. 4.)

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.

As we have already held, in the case between the plaintiff and defendant Gormully, No. 204, that the contract of December 1, 1884, did not operate to estop the defendants from contesting the validity of these patents, it is not necessary to consider this case any farther so far as the claim for recovery based upon this contract is concerned. The case must be tried as an ordinary suit in equity for the infringement...

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