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Hartford-Empire Co. v. Shawkee Mfg. Co.

December 21, 1944

HARTFORD-EMPIRE CO.
v.
SHAWKEE MFG. CO. ET AL.



Appeal from the District Court of the United States for the Western District of Pennsylvania; Nelson McVicar, Judge.

Author: Maris

Before BIGGS, MARIS, and JONES, Circuit Judges.

MARIS, Circuit Judge.

The history of this case is fully disclosed in the prior opinions of this court (68 F.2d 726, 137 F.2d 764) and in the opinion of the Supreme Court on certiorari (322 U.S. 271, 64 S. Ct. 1014) and need not be repeated here. It is only necessary to quote the last two paragraphs of the Supreme Court's opinion (322 U.S. 271, 273, 274, 64 S. Ct. 1014, 1015), which are as follows:

"The prayer for relief of Shawkee and the others was that the court adjudge that Hartford did not come into court with clean hands, and that they be fully freed from further obligations under the judgments against them. This relief should be granted. They further prayed that a master be appointed by the Circuit Court of Appeals to render an accounting of costs incurred in these and former proceedings, moneys paid by them to Hartford pursuant to the challenged judgments, and damages sustained by them because of Hartford's unlawful use of its patent. Whether this type of relief will be granted must depend upon further proceedings in the District Court which entered the judgment of infringement.

"The judgment of the Circuit Court of Appeals is reversed. The cause is remanded to it with directions to set aside its 1934 judgment, recall the mandate, and dismiss the appeal; and issue mandate to the District Court with directions to set aside its judgment finding Hartford's patent valid and infringed, deny Hartford all relief against infringement of this patent and permit Shawkee and the others to bring such further proceedings as may be appropriate in accordance with their prayer for relief."

On June 30, 1943 this court, pursuant to our opinion filed on that date, 137 F.2d 764, had entered an order denying the defendants' petition to vacate and set aside our judgment entered January 11, 1934, which had dismissed the appeal taken by the defendants from a judgment or decree entered against them in the district court. The judgment of the Supreme Court entered on May 15, 1944, as transmitted to us by its mandate, provided:

"On consideration whereof, It is now here ordered and adjudged by this Court that the judgment of the said United States Circuit Court of Appeals in this cause be, and the same is hereby, reversed with costs; * * *

"And it is further ordered, That this cause be, and the same is hereby, remanded to the said Circuit Court of Appeals for further proceedings in conformity with the opinion of this Court."

Pursuant thereto this court on July 10, 1944, entered a judgment, which was transmitted to the District Court by mandate, as follows:

"The mandate of the Supreme Court of the United States in this cause having been received,

"On consideration whereof, it is now here ordered and adjudged as follows:

"(1) The judgment entered by this court in this cause on January 11, 1934 [68 F.2d 726] is set aside;

"(2) The mandate issued by this court to the district court in this cause on October ...


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