Shawkee Mfg Co v. Co, HARTFORD-EMPIRE
| Court | United States Supreme Court |
| Writing for the Court | BLACK |
| Citation | 322 U.S. 271,64 S.Ct. 1014,88 L.Ed. 1269 |
| Parties | SHAWKEE MFG. CO. et al. v. CO |
| Docket Number | HARTFORD-EMPIRE,No. 423 |
| Decision Date | 15 May 1944 |
v.
HARTFORD-EMPIRE CO.
See 322 U.S. 772, 64 S.Ct. 1281.
Page 272
Mr. William B. Jaspert, of Pittsburgh, Pa., for petitioners.
Mr. Francis W. Cole, of Hartford, Conn., for respondent.
Mr. Justice BLACK delivered the opinion of the Court.
Here as in Hazel-Atlas Glass Company v. Hartford-Empire Company, 322 U.S. 238, 64 S.Ct. 997, decided today, the Circuit Court of Appeals for the Third Circuit has declined to set aside judgments entered at a prior term. 137 F.2d 764. Both this case and the Hazel-Atlas case involve the validity of judgments obtained by Hartford-Empire adjudicating infringement of the 'gob feeding' patent No. 1,655,391 owned by Hartford. In the Hazel-Atlas case, supra, we have held Hartford's proven frauds in connection with obtaining and enforcing that patent were of such nature that the decree of infringement against Hazel-Atlas should be set aside, and have directed that appropriate orders be entered to accomplish that purpose. Nevertheless, it is argued that the decrees rendered against Shawkee and others should be allowed to stand because of certain differences between their situation and that of Hazel-Atlas. These are the differentiating facts:
Hartford's infringement suit against Shawkee and the other petitioners was not begun until 1933 after the decision of the Third Circuit Court of Appeals the previous year holding Hartford's 'gob feeding' patent valid and
Page 273
infringed by Hazel-Atlas. The District Court, having been reversed by that previous decision, held Shawkee and the others guilty of infringement. On appeal to the Third Circuit Court of Appeals, that court did not again quote from the spurious Clarke article but, like the District Court, simply held in favor of Hartford on the authority of the 1932 decision. 68 F.2d 726. While the appeal was pending final disposition in the Circuit Court, Shawkee's counsel communicated with Judge Buffington charging that the Clarke article was spurious; but at that time Shawkee had no direct proof of its charge. That proof, as pointed out in our Hazel-Atlas opinion, supra, was available only after the United States offered its evidence in the anti-trust suit in 1941.
None of these facts, we think, should deprive Shawkee and the others of relief against Hartford's fraudulent conduct. To obtain its judgment...
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Tobacco and Allied Stocks v. Transamerica Corp., Civ. A. No. 1468.
...Glass Company v. Hartford-Empire Company, 322 U.S. 238, 64 S.Ct. 997, 88 L.Ed. 1250, Shawkee Mfg. Company v. Hartford-Empire Company, 322 U.S. 271, 64 S.Ct. 1014, 88 L.Ed. 1269, and William Whitman Company v. Universal Oil Products Company, D.C.Del., 125 F.Supp. 137, to bolster their positi......
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William Whitman Co. v. Universal Oil Products Co., Civ. A. No. 987.
...of the exposed fraud a petition for a bill of review was filed in the Court of Appeals but was denied and this holding was reversed in 322 U.S. 271, 64 S. Ct. 1014, 1015, 88 L.Ed. 1269. In this latter case the fraud was expressly excoriated and the District Court was instructed to permit &q......
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Diamond International Corporation v. Walterhoefer, Civ. A. No. 14510.
...Glass Co. v. Hartford-Empire Co., 1944, 322 U.S. 238, 64 S.Ct. 997, 88 L.Ed. 1250; Shawkee Mfg. Co. v. Hartford-Empire Co., 1944, 322 U.S. 271, 64 S.Ct. 1014, 88 L.Ed. 1269; Precision Instrument Mfg. Co. v. Automotive Maintenance Machinery Co., 1945, 324 U.S. 806, 65 S.Ct. 993, 89 L.Ed. 138......
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Burnham Chemical Co. v. Borax Consolidated, No. 11766.
...977; Hazel-Atlas Glass Co. v. Hartford Empire Co., 322 U.S. 238, 64 S.Ct. 997, 88 L.Ed. 1250, and Shawkee Mfg. Co. v. Hartford Empire Co., 322 U.S. 271, 64 S.Ct. 1014, 88 L.Ed. 3 "§ 338 Within three years. Within three years: "1. An action upon a liability created by statute, othe......
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Tobacco and Allied Stocks v. Transamerica Corp., Civ. A. No. 1468.
...Glass Company v. Hartford-Empire Company, 322 U.S. 238, 64 S.Ct. 997, 88 L.Ed. 1250, Shawkee Mfg. Company v. Hartford-Empire Company, 322 U.S. 271, 64 S.Ct. 1014, 88 L.Ed. 1269, and William Whitman Company v. Universal Oil Products Company, D.C.Del., 125 F.Supp. 137, to bolster their positi......
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William Whitman Co. v. Universal Oil Products Co., Civ. A. No. 987.
...of the exposed fraud a petition for a bill of review was filed in the Court of Appeals but was denied and this holding was reversed in 322 U.S. 271, 64 S. Ct. 1014, 1015, 88 L.Ed. 1269. In this latter case the fraud was expressly excoriated and the District Court was instructed to permit &q......
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Diamond International Corporation v. Walterhoefer, Civ. A. No. 14510.
...Glass Co. v. Hartford-Empire Co., 1944, 322 U.S. 238, 64 S.Ct. 997, 88 L.Ed. 1250; Shawkee Mfg. Co. v. Hartford-Empire Co., 1944, 322 U.S. 271, 64 S.Ct. 1014, 88 L.Ed. 1269; Precision Instrument Mfg. Co. v. Automotive Maintenance Machinery Co., 1945, 324 U.S. 806, 65 S.Ct. 993, 89 L.Ed. 138......
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Burnham Chemical Co. v. Borax Consolidated, No. 11766.
...977; Hazel-Atlas Glass Co. v. Hartford Empire Co., 322 U.S. 238, 64 S.Ct. 997, 88 L.Ed. 1250, and Shawkee Mfg. Co. v. Hartford Empire Co., 322 U.S. 271, 64 S.Ct. 1014, 88 L.Ed. 3 "§ 338 Within three years. Within three years: "1. An action upon a liability created by statute, othe......