No. 196.

206 U.S. 285 (1907)


Supreme Court of United States.

Decided May 13, 1907.

Attorney(s) appearing for the Case

Mr. Robert S. Taylor and Mr. Elwin M. Hulse for Kessler.

Mr. Charles C. Linthicum and Mr. Louis K. Gillson for Eldred.

MR. JUSTICE MOODY, after making the foregoing statement, delivered the opinion of the court.

The industry of counsel has not discovered any decision on the exact questions presented by the certificate, and they agree that those questions are not settled by controlling authority. The decision of the case turns upon the effect of the judgment in the suit which Eldred brought against Kessler. Both manufactured and sold electric cigar lighters. Eldred, being

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