Hartford-Empire Co. v. Shawkee Mfg. Co., No. 5203.

CourtUnited States Courts of Appeals. United States Court of Appeals (3rd Circuit)
Writing for the CourtBIGGS, MARIS, and JONES, Circuit
Citation147 F.2d 532
PartiesHARTFORD-EMPIRE CO. v. SHAWKEE MFG. CO. et al.
Docket NumberNo. 5203.
Decision Date21 December 1944

147 F.2d 532 (1944)

HARTFORD-EMPIRE CO.
v.
SHAWKEE MFG.
CO. et al.

No. 5203.

Circuit Court of Appeals, Third Circuit.

Heard on Motion to Amend Mandate December 8, 1944.

Decided December 21, 1944.


147 F.2d 533

Max Swiren, of Chicago, Ill., for plaintiff.

Walter J. Blenko, of Pittsburgh, Pa., for defendant.

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; * * *

147 F.2d 534

"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 17, 1934 is recalled; and

"(3) The cause is remanded to the district court with directions

"(a) To set aside its judgment finding the plaintiff's patent valid and infringed,

"(b) To deny the plaintiff all relief against infringement of this patent, and

"(c) To permit the defendants to bring such further proceedings as may be appropriate in accordance with their prayer for relief."

After the receipt of our mandate the District Court, on October 23, 1944, 57 F.Supp. 636, entered the following judgment:

"This cause having come on for hearing upon the judgment to be entered in conformity with the mandate of the United States Circuit Court of Appeals issued July 10, 1944, and upon the motion of the defendants, and the matter having been fully heard and the Court having the benefit of representations and arguments of counsel, and the Court being fully advised in the premises,

"It is ordered, adjudged and decreed that:

"1. The opinion of this court filed June 27, 1933, finding that a preliminary injunction should be issued against the defendants be, and the same is hereby, withdrawn and set aside.

"2. The decree and order by this court on June 27, 1933, directing that a writ of injunction issue out of and under the seal of this court directed to the defendants be, and the same is hereby, set aside...

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7 practice notes
  • United States v. 15.3 ACRES OF LAND, ETC., Civ. A. No. 5051.
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • August 15, 1957
    ...the evidence the pertinent facts to which relevant rules of law may be applied. Hartford-Empire Co. v. Shawkee Mfg. Co., 3 Cir., 1944, 147 F.2d 532, at page 535. Speculation cannot be substituted for proof. The requirement is for probative facts capable of supporting with reason the conclus......
  • Feeley v. United States, No. 14738.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • November 4, 1964
    ...of the trial court's judgment. I. C. C. v. Cardinale Trucking Corp., 308 F.2d 435 (3 Cir. 1962); Hartford-Empire Co. v. Shawkee Mfg. Co., 147 F.2d 532, 535 (3 Cir. 1944). "The judgment should stand if the opinion below gives the appellate court a clear understanding of the basis of the deci......
  • Western Electric Co. v. NATIONAL LABOR REL. BOARD, ETC., No. 5302
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • April 9, 1945
    ...to leave the Company's employ. On another occasion an I.A.M. organizer opened a discussion of labor matters with a supervisor who made 147 F.2d 532 disparaging remarks about all unions. In May, 1943 a woman employee placed her A.F. of L. badge on the coat of a supervisor without his consent......
  • Hartford-Empire Co. v. Shawkee Mfg. Co., No. 9293
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • August 14, 1947
    ...was finally disposed of by the latter tribunal. In line with our decision in Hartford-Empire Co. v. Shawkee Mfg. 163 F.2d 477 Co., 3 Cir., 147 F.2d 532, at page 536, the District Court was entirely justified in so determining and in refusing to permit Hartford to reopen that In addition to ......
  • Request a trial to view additional results
7 cases
  • United States v. 15.3 ACRES OF LAND, ETC., Civ. A. No. 5051.
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • August 15, 1957
    ...the evidence the pertinent facts to which relevant rules of law may be applied. Hartford-Empire Co. v. Shawkee Mfg. Co., 3 Cir., 1944, 147 F.2d 532, at page 535. Speculation cannot be substituted for proof. The requirement is for probative facts capable of supporting with reason the conclus......
  • Feeley v. United States, No. 14738.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • November 4, 1964
    ...of the trial court's judgment. I. C. C. v. Cardinale Trucking Corp., 308 F.2d 435 (3 Cir. 1962); Hartford-Empire Co. v. Shawkee Mfg. Co., 147 F.2d 532, 535 (3 Cir. 1944). "The judgment should stand if the opinion below gives the appellate court a clear understanding of the basis of the deci......
  • Western Electric Co. v. NATIONAL LABOR REL. BOARD, ETC., No. 5302
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • April 9, 1945
    ...to leave the Company's employ. On another occasion an I.A.M. organizer opened a discussion of labor matters with a supervisor who made 147 F.2d 532 disparaging remarks about all unions. In May, 1943 a woman employee placed her A.F. of L. badge on the coat of a supervisor without his consent......
  • Hartford-Empire Co. v. Shawkee Mfg. Co., No. 9293
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • August 14, 1947
    ...was finally disposed of by the latter tribunal. In line with our decision in Hartford-Empire Co. v. Shawkee Mfg. 163 F.2d 477 Co., 3 Cir., 147 F.2d 532, at page 536, the District Court was entirely justified in so determining and in refusing to permit Hartford to reopen that In addition to ......
  • Request a trial to view additional results

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