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RAILWAY ENGINEERING E, CO. v. OREGON SHORT LINE R. CO.

No. 1260.

79 F.2d 469 (1935)

RAILWAY ENGINEERING EQUIPMENT CO. et al. v. OREGON SHORT LINE R. CO.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied October 25, 1935.

Attorney(s) appearing for the Case

Kenaz Huffman, of Denver, Colo. (Hervey S. Knight, of Chicago, Ill., Beverly S. Clendenin, of Salt Lake City, Utah, and Parkinson & Lane, of Chicago, Ill., on the brief), for appellants.

L. B. Mann, of Chicago, Ill. (C. C. Dorsey, of Denver, Colo., and Geo. H. Smith, of Salt Lake City, Utah, on the brief), for appellee.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

LEWIS, Circuit Judge.

This is a motion to dismiss an appeal in a patent infringement suit. The bill was filed November 12, 1932. It charged that on May 26, 1921, Alfred W. Towsley and Spencer Otis were the original, first and joint inventors of a new and useful Locomotive Terminal for which U. S. Letters Patent No. 1,413,365 was issued to them on April 18, 1922, on their application of May 26, 1921; that on May 22, 1922, Spencer Otis was the original, first and sole...

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