Fellows v. Borden's Condensed Milk Co.

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

Fellows v. Borden's Condensed Milk Co.

188 F. 863, 1911 U.S. App. LEXIS 5231

CourtU.S. Circuit Court for the District of Southern New York

DecidedJune 13, 1911

StatusPublished

This text of 188 F. 863 (Fellows v. Borden's Condensed Milk Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fellows v. Borden's Condensed Milk Co., 188 F. 863, 1911 U.S. App. LEXIS 5231 (circtsdny 1911).

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Opinion

WARD, Circuit Judge.

In this cause the defendant presents an order upon the mandate of the Circuit Court of Appeals dated June 7, 1911, directing the bill to be dismissed with costs, and at the same time the complainant presents a petition for leave to file a supplemental bill in the nature of a bill of review and a motion for a rehearing, founded upon his disclaimer filed in the Patent ,'ffice June 10, 1911. My duty is to enter a decree dismissing the bill in accordance with the mandate of the Circuit Court of Appeals, and I can do nothing else or further. In re Potts, Petitioner, 166 U. S. 263, 17 Sup. Ct. 520, 41 L. Ed. 994; American Soda Fountain Co. v. Sample, 136 Fed. 857, 70 C. C. A. 415.

The complainant may hereafter apply to the Circuit Court of Appeals to authorize this court to entertain this motion, which, because now made' without such permission, is denied.

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WARD, Circuit Judge.

In this cause the defendant presents an order upon the mandate of the Circuit Court of Appeals dated June 7, 1911, directing the bill to be dismissed with costs, and at the same time the complainant presents a petition for leave to file a supplemental bill in the nature of a bill of review and a motion for a rehearing, founded upon his disclaimer filed in the Patent ,'ffice June 10, 1911. My duty is to enter a decree dismissing the bill in accordance with the mandate of the Circuit Court of Appeals, and I can do nothing else or further. In re Potts, Petitioner, 166 U. S. 263, 17 Sup. Ct. 520, 41 L. Ed. 994; American Soda Fountain Co. v. Sample, 136 Fed. 857, 70 C. C. A. 415.

The complainant may hereafter apply to the Circuit Court of Appeals to authorize this court to entertain this motion, which, because now made' without such permission, is denied.

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Bluebook (online)

188 F. 863, 1911 U.S. App. LEXIS 5231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fellows-v-bordens-condensed-milk-co-circtsdny-1911.

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