Wenborne-Karpen Dryer Co. v. Cutler Dry Kiln Co., Inc.

CourtU.S. Court of Appeals — Second Circuit
CitationWenborne-Karpen Dryer Co. v. Cutler Dry Kiln Co., Inc., 292 F. 861 (2nd Cir. 1923)
Decision Date18 June 1923
Docket Number279.
PartiesWENBORNE-KARPEN DRYER CO. v. CUTLER DRY KILN CO., Inc., et al.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

PER CURIAM.

We are presented with a petition for rehearing and what is called a petition for intervention. We have examined the petition for rehearing and are not disposed to entertain it in substance but we are regretfully compelled to refuse it even admission to our files.

The form of criticism adopted, and the manner in which what may fairly be called accusations are made, are not in accord with the code of professional manners hitherto recognized in this court. Of the names appended to the petition, but one is that of a member of this bar, and, knowing the professional activities of the signers, we exonerate that one man of personal responsibility for the form of the petition. The petition is denied and the clerk is directed to refuse filing thereto.

As to the petition for intervention, the petitioner shows no reason...

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5 cases
  • Smith v. American Asiatic Underwriters
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • March 2, 1943
    ...15 How. 10, 12, 14 L.Ed. 578; Thomson Houston Electric Co. v. Western Electric Co., 2 Cir., 158 F. 813; Wenborne-Karpen Dryer Co. v. Cutler Dry Kiln Co., 2 Cir., 292 F. 861; Morin v. Stuart, 5 Cir., 112 F.2d 585. We have not been asked to remand the case with directions to the China court t......
  • Wenborne-Karpen Dryer Co. v. Dort Motor Car Co.
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • July 10, 1926
    ...Judge Hazel, sustained the patent. 285 F. 73. Upon appeal, the Second Circuit Court of Appeals held the patent to be invalid. 290 F. 625; 292 F. 861. After the favorable decision by the district court at Buffalo, and pending the appeal therefrom, plaintiff brought this suit against the Dort......
  • Western Air Lines v. Civil Aeronautics Board, 12867.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • May 25, 1951
    ...Green, 221 Ala. 415, 129 So. 69, 71. For this reason intervention in an appellate court is inappropriate. Wenborne-Karpen Dryer Co. v. Cutler Dry Kiln Co., 2 Cir., 292 F. 861; The William Bagaley, 5 Wall. 377, 411-412, 18 L.Ed. Because the proceedings before us are limited to a review of th......
  • Lucas v. Central Missouri Trust Co.
    • United States
    • Missouri Supreme Court
    • June 13, 1942
    ... ... filing of such papers. In Wenborne-Karpen Dryer Co. v ... Cutler Dry Kiln Co., 292 F. 861, a United ... ...
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