U.S. Court of Appeals for the Second Circuit, 1904

Kirchberger v. American Acetylene Burner Co.

Kirchberger v. American Acetylene Burner Co.
U.S. Court of Appeals for the Second Circuit · Decided September 7, 1904 · Coxe, Lacombe, Townsend
132 F. 911; 66 C.C.A. 121; 1904 U.S. App. LEXIS 4357

Kirchberger v. American Acetylene Burner Co.

Opinion of the Court

PER CURIAM.

Petition for rehearing denied, but, to avoid any further misunderstanding as to the disposition of the fourth claim, which was not passed upon by this court, the mandate will be amended so as to affirm the decree as to the first three claims, and dismiss the appeal as to the fourth claim; thus leaving the question of its construction and validity open for future consideration.

The court below is instructed to enter a decree in conformity with this opinion, and with three-quarters costs to complainants.

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