Page:Federal Reporter, 1st Series, Volume 1.djvu/233

 WASHBUBN & m; M'F'G 00. V, COIiWBMj 8. B. V. 00. 225 ���WaSHBURN & MOEN ' MANtJFAOTURINa CoMPANT V. GohVmUi �Steeii Barb Pbnob Company and others. �Washburn & MoEN Manufactueing Company and another v, CoLWELii Steel Bakb Fencb Company and others. �Same V. Same. {Circuit Court, D. Connectieut. March 18, 1880, �Motion to vacate or tnodify decreea obtained in the ab jv« Buits by the lowa Barb Steel Wire Company, upon the ground that said decrees are being used in other courts in applications for injunctions against it or its agents. �SmPMAN, J. At the September term, 1878, of this courte three final decrees for the plaintiffs were obtained — one in the suit of the Washburn & Moen Manufacturing Company against the Colwell Steel Barb Fence Company and others, and two in two suits of the same plaintiiï and Isaac L, EUwood against the same defendants. These three decrees were obtained by consent of the parties, no argument having been had thereon, and by unusual inadvertence this fact was not incorporated in the decrees. The patents which -were involved in the suit» were reissued letters patent, Nos. 6976, 6918, 6914, 7136, 6902, 7036, (division "B,") and 7566. �The lowa Barb Steel Wire Company, not a party to these suits, now moves that it be permitted to intervene in said causes; and, alleging in substance that it is incidentally affected by the decision of the questions involved in said decrees, and that said decrees are being used, to a certain extent, in applications for injunctions against itself, or its agents, in other circuit courts, prays that this court will va- cate said decrees, or will modify them so far as to express the true circumstances and facts under which they were ob- tained. �Service of said motion was made upon the soliciter for the plaintiffs in this court. The plaintiffs' counsel haye not ap- peared, for the alleged reason that, in their opinion, the court �v.l.no.4— 15 ��� �