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CHESAPEAKE & O. RY. CO. v. KALTENBACH

No. 4871.

124 F.2d 375 (1941)

CHESAPEAKE & O. RY. CO. v. KALTENBACH et al.

Circuit Court of Appeals, Fourth Circuit.

Decided December 26, 1941.

Attorney(s) appearing for the Case

Albert R. Teare, of Cleveland, Ohio (Bates, Teare & McBean, of Cleveland, Ohio, and Kearney & Kearney, of Phoebus, Va., on the brief), for appellees and cross-appellants.

John J. Mahoney, of Columbus, Ohio, and Leigh D. Williams, of Norfolk, Va., for appellant and cross-appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

This case has been before our Court once before on an appeal from an interlocutory decree of the District Court holding that the patents in suit were valid, that these patents had been infringed by the defendant, that there was also a breach of trust and that "the Kaltenbach ideas were wrongfully appropriated and embodied in the Newport News dumper". See Chesapeake & Ohio Railway Co. v. Kaltenbach, 4 Cir., 95 F.2d 801

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