HOEME v. JEOFFROY

No. 8899.

100 F.2d 225 (1938)

HOEME v. JEOFFROY et al.

Circuit Court of Appeals, Fifth Circuit.

December 7, 1938.


Attorney(s) appearing for the Case

A. Harry Crowell, of Washington, D. C., and Ben H. Stone, of Amarillo, Texas, for appellant.

H. E. Hoover, of Canadian, Tex., and Jack R. Allen, of Perryton, Tex., for appellees.

Before SIBLEY, HUTCHESON and McCORD, Circuit Judges.


HUTCHESON, Circuit Judge.

Appellant, as owner of three United States patents relating to mobile ground working devices, variously called "Shovel Plows, Chisel Plows or Cultivators" brought this suit, alleging infringement and praying injunction and damages. This appeal is from an order refusing, on his motion, to grant a preliminary injunction.

Appellant recognizes that whether a preliminary injunction should be granted in a patent case is discretionary, and...

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