COULTER v. EAGLE & PHENIX MILLS

No. 5551.

35 F.2d 268 (1929)

COULTER et al. v. EAGLE & PHENIX MILLS.

Circuit Court of Appeals, Fifth Circuit.

November 2, 1929.


Attorney(s) appearing for the Case

Henry D. Gaggstatter, of Columbus, Ga., for appellants.

H. H. Swift, of Columbus, Ga., and Hector M. Holmes, of Boston, Mass. (Fish, Richardson & Neave, of Boston, Mass., and Slade & Swift, of Columbus, Ga., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

This is an appeal from a decree dismissing a bill to enjoin the infringement of a patent. The decree was entered at the conclusion of a hearing upon bill and answer of a motion for preliminary injunction, but that hearing was conducted in open court before the District Judge, who heard the oral testimony and had before him the prior patents relied on by appellee in its answer to disclose the state of the prior art, and who reached the conclusion...

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