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TOLEDO CO. v. COMPUTING CO.

Nos. 339 and 388.

261 U.S. 399 (1923)

43 S.Ct. 458

67 L.Ed. 719

TOLEDO SCALE COMPANY v. COMPUTING SCALE COMPANY. FIDELITY & DEPOSIT COMPANY OF MARYLAND ET AL. v. COMPUTING SCALE COMPANY ET AL.

Supreme Court of United States.

Decided April 9, 1923.

Attorney(s) appearing for the Case

Mr. George D. Welles and Mr. Frederick P. Fish, with whom Mr. Edward Rector, Mr. Harry W. Morgan, Mr. Thos. H. Tracy, Mr. Rathbun Fuller and Mr. Horace Kent Tenney were on the briefs, for Toledo Scale Company.

Mr. Charles Markell, with whom Mr. Edward Osgood Brown and Mr. Edwin J. Marshall were on the brief, for Fidelity & Deposit Company of Maryland et al.

Mr. John M. Zane, with whom Mr. Charles F. Morse and Mr. Drury W. Cooper were on the briefs, for Computing Scale Company.

MR. CHIEF JUSTICE TAFT, after stating the case as above, delivered the opinion of the Court.

It is insisted by counsel for the petitioner that it is within our power and it is our duty on this writ to go into the merits of the issue of the validity of the Smith patent and of the correctness of the money decree for profits. We were asked to do this by an application for writ of certiorari which we denied January 9, 1922. 257 U.S. 657. The decree then sought to be reviewed...

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