U.S. Circuit Court for the District of Southern New York, 1881

Wooster v. Blake

Wooster v. Blake
U.S. Circuit Court for the District of Southern New York · Decided June 20, 1881 · Blatchford
7 F. 816; 1881 U.S. App. LEXIS 2286
Wooster v. Blake

Opinion of the Court

Blatchford, C. J.

The company is willing to have its plea overruled. That is all the plaintiff can ask. But rule 34 requires that on overruling a plea the defendant shall be allowed to answer; that leave must be given to it. A preliminary injunction will be issued against the other defendants on the claims of the Bobjohn patent, which was adjudicated upon in the decision; but if such an injunction is asked for against the company, it must be moved for on papers and notice. An order will be settled on notice.

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