U.S. Circuit Court for the District of Southern New York, 1853

Goodyear v. McBurney

Goodyear v. McBurney
U.S. Circuit Court for the District of Southern New York · Decided September 12, 1853 · Nelson
10 F. Cas. 699; 3 Blatchf. 32; 1853 U.S. App. LEXIS 693

Counsel

Edgar S. Van Winkle, for defendants.

Goodyear v. McBurney

Opinion of the Court

■ NELSON, Circuit Justice.

The suit is properly brought in the name of the pat-entee, in behalf of the party holding a license to use.

There has been much neglect and delay in this proceeding, on the part of Greacen; but I cannot say that he shall be debarred from contesting in the usual way the matters set up in the plea. The motion is granted, on payment of the costs of opposing it, and of putting in a rejoinder to the replication.

[For other cases involving this patent, see note to Goodyear v. Central It. Co., Case No. 5,563.]

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