YATES v. JONES

No. 838.

85 F.Supp. 615 (1948)

YATES v. JONES et al.

United States District Court E. D. Virginia, Norfolk Division.

December 17, 1948.


Attorney(s) appearing for the Case

John S. Rixey (Rixey & Rixey), Norfolk, Va., A. Yates Dowell, Washington, D. C., J. Melville Broughton and Douglass & McMillan, Raleigh, N. C., for plaintiff.

Jo Baily Brown, Pittsburgh, Pa., W. R. Ashburn, Norfolk, Va., James B. McDonough, Jr., Norfolk, Va., and W. R. C. Cocke, Norfolk, Va., for defendants.


BRYAN, District Judge.

A railroad locomotive coalstoker distributor plate, for which the plaintiff Yates holds letters patent No. 2,408,358, is said to have been imitated by the defendants, in their manufacture and use of the Berkley plate, and this action seeks injunctive and indemnitory relief against the infringement charged.

A distributor plate is fitted into the door of the firebox of a locomotive, and is the last conduit through which the coal passes...

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