Electric Boat Co. v. Lake Torpedo Boat Co.

Third Circuit

Electric Boat Co. v. Lake Torpedo Boat Co.

264 F. 670, 1920 U.S. App. LEXIS 1306

CourtCourt of Appeals for the Third Circuit

DecidedApril 10, 1920

DocketNo. 2170

StatusPublished

This text of 264 F. 670 (Electric Boat Co. v. Lake Torpedo Boat Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Electric Boat Co. v. Lake Torpedo Boat Co., 264 F. 670, 1920 U.S. App. LEXIS 1306 (3d Cir. 1920).

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Opinion

PER CURIAM.

Manifestly, the action of the court below in dismissing the bill of complaint was influenced by its proper desire to conform to the decision of the District Court of the United States for the Southern District of New York involving the same subject-matter (Marconi Wireless Telegraph Co. v. Simon [D. C.] 227 Fed. 906), and which had been affirmed by the Circuit Court of Appeals for the Second Circuit (231 Fed. 1021, 145 C. Cr A. 656). Subsequently on writ of certiorari, this decision was reversed by the Supreme Court of the United States (246 U. S. 46, 38 Sup. Ct. 275, 62 L. Ed. 568), following its decision in the case of William Cramp & Sons Ship & Engine Building Co. v. International Curtiss Marine Turbine Co. et al., 246 U. S. 28, 38 Sup. Ct. 271, 62 L. Ed. 560.

As, therefore, the authority upon which the court below relied has now been overruled, and in compliance with these decisions of the Supreme Court, it follows that the decree below should be reversed, and the bill reinstated.

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PER CURIAM.

Manifestly, the action of the court below in dismissing the bill of complaint was influenced by its proper desire to conform to the decision of the District Court of the United States for the Southern District of New York involving the same subject-matter (Marconi Wireless Telegraph Co. v. Simon [D. C.] 227 Fed. 906), and which had been affirmed by the Circuit Court of Appeals for the Second Circuit (231 Fed. 1021, 145 C. Cr A. 656). Subsequently on writ of certiorari, this decision was reversed by the Supreme Court of the United States (246 U. S. 46, 38 Sup. Ct. 275, 62 L. Ed. 568), following its decision in the case of William Cramp & Sons Ship & Engine Building Co. v. International Curtiss Marine Turbine Co. et al., 246 U. S. 28, 38 Sup. Ct. 271, 62 L. Ed. 560.

As, therefore, the authority upon which the court below relied has now been overruled, and in compliance with these decisions of the Supreme Court, it follows that the decree below should be reversed, and the bill reinstated.

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Bluebook (online)

264 F. 670, 1920 U.S. App. LEXIS 1306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/electric-boat-co-v-lake-torpedo-boat-co-ca3-1920.

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