FAIRBANKS, MORSE & CO. v. AMERICAN VALVE & METER CO.

Nos. 3776-3782.

18 F.2d 716 (1926)

FAIRBANKS, MORSE & CO. et al. v. AMERICAN VALVE & METER CO. et al. AMERICAN VALVE & METER CO. et al. v. FAIRBANKS, MORSE & CO. et al.

Circuit Court of Appeals, Seventh Circuit.

December 22, 1926.


Attorney(s) appearing for the Case

Fred L. Chappell, of Kalamazoo, Mich., for appellants.

Frank A. Whiteley, of Minneapolis, Minn., for appellee.

Before ALSCHULER, EVANS, and ANDERSON, Circuit Judges.


ANDERSON, Circuit Judge.

This is an appeal from a decree upon an accounting in a patent suit. Only such evidence as bore upon that matter should have been heard by the master or the court below, and only such evidence should have been made part of the record "in case of appeal," and this only in the way the law prescribes.

On appeal this court, in a sense, hears the case de novo, but it must not be forgotten that it hears it, not as a trial, but as a reviewing...

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