MESTA MACH. CO. v. FEDERAL MACHINE & WELDER CO.

No. 7108.

110 F.2d 479 (1940)

MESTA MACH. CO. v. FEDERAL MACHINE & WELDER CO.

Circuit Court of Appeals, Third Circuit.

February 23, 1940.


Attorney(s) appearing for the Case

Richey & Watts, of Cleveland, Ohio, and Clarke & Doolittle, of Pittsburgh, Pa. (F. O. Richey and H. F. McNenny, both of Cleveland Ohio, of counsel), for plaintiff-appellee.

Stebbins, Blenko & Parmlee, of Pittsburgh, Pa. (Walter J. Blenko and J. Wallace Hopkins, both of Pittsburgh, Pa., of counsel), for defendant-appellant.

Before MARIS, CLARK, and JONES, Circuit Judges.


CLARK, Circuit Judge.

Lord Halsbury, a very famous English equity judge and the compiler of their Corpus Juris,1 summarized the difficulties of the patent judge in this fashion. Speaking in the House of Lords, he said: "My lords, this is an appeal of a class which almost always raises a difference of opinion amongst those called upon to decide them — the reason is perhaps not difficult to discern. Mixed up with the question of law...

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