American Saint Gobain Corporation v. Armstrong Glass Company, Inc.

U.S. Court of Appeals for the Sixth Circuit September 29, 1969

American Saint Gobain Corporation v. Armstrong Glass Company, Inc., 418 F.2d 571 (6th Cir. 1969)

163 U.S.P.Q. (BNA) 193

Opinion

ORDER

On consideration of plaintiff-appellee’s motion to dismiss this appeal and the briefs and records in this proceeding; and

Noting that the District Judge’s Order, filed April 24, 1969, was a reference to a Special Master and specifically retained jurisdiction over the contempt proceeding, and hence was not a final order; and

Further, noting that the order was not of the class of “judgments in civil actions for patent infringement which are final except for accounting” within the meaning of 28 U.S.C. § 1292(a) (4), (1964), but rather was an interlocutory order in a contempt proceeding (see International Silver Co. v. Oneida Community, Ltd., 93 F.2d 437 (2d Cir. 1937)),

Said motion to dismiss the appeal is hereby granted. Rule 8, Rules of the Court of Appeals for the Sixth Circuit.

Reference

Full Case Name: AMERICAN SAINT GOBAIN CORPORATION, Plaintiff-Appellee, v. ARMSTRONG GLASS COMPANY, Inc., Defendant-Appellant
Cited By: 9 cases
Status: Published