Ferrell v. Prame
Ferrell v. Prame
Opinion of the Court
This case is here for the third time. The general facts sufficiently appear from the reports in 166 Fed. 702, 92 C. C. A. 374, and 206 Fed. 278, 124 C. C. A. 342. Pursuant to our last mandate, the District Court heard further testimony for both parties, by deposition and in open court, and, upon consideration thereof, dismissed the bill.
We think the decree must be affirmed and the litigation ended. Upon the last hearing, we refrained from deciding two questions that were presented, viz.: (1) Whether the patents which Prame had taken out were so affected by the situation of the business to which they were incidental that when Prame was compelled to discontinue that business he had no right to sell and the new company had no right to buy and use these patents; (2) whether the efforts which the new company made to get the benefit of successorship to Prame’s old business were unlawful.
The decree is affirmed.
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