Carson v. American Smelting & Refining Co.
Decision Date | 18 February 1928 |
Docket Number | No. 144.,144. |
Citation | 25 F.2d 116 |
Court | U.S. District Court — Western District of Washington |
Parties | CARSON et al. v. AMERICAN SMELTING & REFINING CO. (substituted for American Smelters' Securites Co.). |
25 F.2d 116 (1928)
CARSON et al. v. AMERICAN SMELTING & REFINING CO. (substituted for American Smelters' Securites Co.).
No. 144.
District Court, W. D. Washington, S. D.
February 18, 1928.
John H. Miller, of San Francisco, Cal., Raymond Ives Blakeslee, of Los Angeles, Cal., and Lewis P. Shackleford, of Tacoma, Wash., for plaintiffs.
Charles Earl, of New York City, George Donworth and Donworth, Todd & Holman, all of Seattle, Wash., and A. F. Mecklenburger, Arthur A. Olson and Jones, Addington, Ames & Seibold, all of Chicago, Ill., for defendant.
NETERER, District Judge.
In response to an order of the master in chancery to file a detailed statement of account in form of debtor and creditor under equity rules 62 and 63, showing profits accrued to the defendant from the patent infringement, the defendant filed a statement purporting to show expenses by use of infringing furnaces in its several plants and expenses in use of four other types of furnaces which, it claims, were open to defendant's use and each capable of producing the same result, and which, it asserted, are proper standards of comparison, showing gain by saving from the use of the invention, if any. The statement (side-charging patent in suit) and the statement of one of the four types of center-charged furnaces, follow:
Statement of Account American Smelting & Refining Company, in Account with George Campbell Carson, John Henry Miller Trustee, and Carson Investment Company ------------------------------------------------------------------------------------------------------------------ American Smelting & Refining Company, Debtor To profits, gains, benefits and advantages realized by and/or accrued to defendant herein by reason of using side-charged reverberatory furnaces, of the character declared to be infringing by the Interlocutory Decree herein, by smelting in said furnaces ores and concentrates, as follows ------------------------------------------------------------------------------------------------------------------ | Location of | Number of* | Adjudged Infringing | Amount of Period of Operation. | Furnaces. | Furnaces. | Tonnage. | Profits, etc ---------------------------------------|---------------|------------------|-----------------------|--------------- April 1, 1916, to May 4, 1925. | Tacoma | 1 | 1,725,562 | Nil. June 1, 1923, to Feb. 28, 1927. | Garfield | 5 | 2,350,193 | Nil. November 14, 1915, to May 27, 1926. | Hayden | 4 | 2,347,562 | Nil. February 1, 1925, to December 2, 1925. | El Paso | 2 | 134,381 | Nil. Total adjudged infringing tonnage | 6,557,698 | Total profits, gains, benefits and advantages ........... .......... | Nil. -----------------------------------------------------------------------------------------------------------------
American Smelting & Refining Company — Tacoma Plant. Reverberatory Furnace Operations on Side Feeding. Adjudged Infringing Tonnages, Itemized Costs and Costs per Ton, within Alleged Infringing Period, as Shown by Books and Records of Account, April 1, 1916, to May 4, 1925. ---------------------------------------------------------------------------------------------------------------------------------------------- | Year 1916(9 Months). | Year 1917. | Year 1918. | Year 1919. | Year 1920. |-----------------------|-----------------------|-----------------------|-----------------------|----------------------- | | Per | | Per | | Per | | Per | | Per Description. | Total. | Ton. | Total. | Ton. | Total. | Ton. | Total. | Ton. | Total. | Ton. ----------------------|-------------|---------|-------------|---------|-------------|---------|-------------|---------|-------------|--------- Tons ................ | 102,062 | | 139,796 | | 169,186 | | 181,066 | | 215,434 | |_____________| |_____________| |_____________| |_____________| |_____________| Operating labor ..... | $ 9,906.88 | $ .0971 | $ 15,648.54 | $ .1119 | $ 23,296.50 | $ .1377 | $ 26,216.98 | $ .1448 | $ 27,326.93 | $ .1268 Repairs ............. | 8,487.52 | .0832 | 15,031.19 | .1075 | 21,532.53 | .1273 | 24,296.13 | .1342 | 29,317.96 | .1361 Tools and supplies .. | 2,928.78 | .0287 | 3,211.04 | .0230 | 5,434.03 | .0321 | 4,165.51 | .0230 | 2,768.82 | .0129 Fuel ................ | 50,288.47 | .4927 | 69,888.80 | .4999 | 132.932.98 | .7857 | 210,558.38 | 1.1629 | 247,794.37 | 1.1502 Power ............... | 980.29 | .0096 | 1,530.75 | .0110 | 2,075.34 | .0123 | 4,740.22 | .0262 | 6,109.91 | .0284 Slag metal loss ..... | 109,555.54 | 1.0734 | 133,437.67 | .9545 | 173,340.66 | 1.0246 | 146,370.78 | .8084 | 154,499.30 | .7172 |_____________|_________|_____________|_________|____________ |_________|_____________|_________|_____________|_________ Total ............ | $182,147.48 | $1.7847 | $238,747.99 | $1.7078 | $358,612.04 | $2.1197 | $416,348.00 | $2.2995 | $467,817.29 | $2.1716 Waste heat credit ... | 22,811.35 | .2235 | 30,804.19 | .2204 | 46,101.83 | .2725 | 69,042.09 | .3813 | 78,084.96 | .3625 |_____________|_________|_____________|_________|_____________|_________|_____________|_________|_____________|_________ Grand total ...... | $159,336.13 | $1.5612 | $207,943.80 | $1,4874 | $312,510.21 | $1.8472 | $347,305.91 | $1.9182 | $389,732.33 | $1.8091 ---------------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------- | Year 1921. | Year 1922. | Year 1923. | Year 1924. | Year 1925(4mo.4days). |-----------------------|-----------------------|-----------------------|-----------------------|----------------------- | | Per | | Per | | Per | | Per | | Per Description. | Total. | Ton. | Total. | Ton. | Total. | Ton. | Total. | Ton. | Total. | Ton. ----------------------|-------------|---------|-------------|---------|-------------|---------|-------------|---------|-------------|--------- Tons ................ | 198,338 | | 178,786 | | 212,657 | | 240,889 | | 87,348 | |_____________| |____________ | |_____________| |_____________| |_____________| Operating labor ..... | $ 17,387.31 | $ .0877 | $ 16,907.57 | $ .0946 | $ 19,241.49 | $ .0905 | $ 20,160.12 | $ .0837 | $ 6,857.26 | $ .0785 Repairs ............. | 31,082.46 | .1567 | 27,513.64 | .1539 | 31,663.87 | .1489 | 35,054.19 | .1455 | 12,910.74 | .1478 Tools and supplies .. | 2,695.45 | .0136 | 2,190.15 | .0123 | 1,568.16 | .0074 | 696.16 | .0029 | 325.78 | .0037 Fuel ................ | 271,553.76 | 1.3691 | 223,100.63 | 1.2478 | 168,777.60 | .7936 | 165,003.13 | .6850 | 64,731.11 | .7411 Power ............... | 3,660.60 | .0185 | 4,427.87 | .0248 | 4,899.50 | .0230 | 4,253.02 | .0176 | 1,223.69 | .0140 Slag metal loss ..... | 103,245.97 | .5206 | 115,682.17 | .6470 | 126,864.61 | .5966 | 132,784.31 | .5512 | 47,808.55 | .5473 |_____________|________ |_____________|_________|_____________|_________|_____________|_________|_____________|_________ Total ............ | $429,625.55 | $2.1662 | $389,822.03 | $2.1804 | $353,015.23 | $1.6600 | $357,950.93 | $1.4859 | $133,857.13 | $1.5324 Waste heat credit | 84,925.72 | .4282 | 76,374.04 | .4272 | 63,981.90 | .3009 | 58,830.22 | .2442 | 22,510.24 | .2577 |_____________|_________|_____________|_________|_____________|_________|_____________|_________|_____________|_________ Grand total ...... | $344,699.83 | $1.7380 | $313,447.99 | $1.7532 | $289,033.33 | $1.3591 | $299,120.71 | $1.2417 | $111,346.89 | $1.2747 ----------------------------------------------------------------------------------------------------------------------------------------------
American Smelting & Refining Company — Tacoma Plant. Summary of Reverberatory Furnace Operations. Adjudged Infringing Tonnages, Total Itemized Costs and Total Average Cost per Ton on Side-Charged Reverberatory Furnaces, in Comparison with Four Types of Center-Charged Reverberatory Furnaces (Standards of Comparison), Together with Cost Differentials in Total and Per Ton, for Period April 1, 1916, to May 4, 1925. ------------------------------------------------------------------------------------------------------------------...
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Davilla v. Brunswick-Balke Collender Co.
- United States
- U.S. Court of Appeals — Second Circuit
- February 7, 1938
...are defined by the answer to the master's summons and the exceptions thereto, which take the place of pleadings. See Carson v. Amer. Smelting & Ref. Co., D.C., 25 F.2d 116; Wayne Mfg. Co. v. Coffield Motor Washer Co., 8 Cir., 255 F. 558; Armstrong v. Belding Bros. & Co., D.C., 280 F. 895, 8......