Page:Federal Reporter, 1st Series, Volume 1.djvu/877

 PENTLAEGE ». BEE8T0N. "869 �the state court, so that, wbile much question may be maJe as to the effect of a decree of the state court setting aside the agreement of compromise upon the decree entered in this court, equity would seem to require that, in case the agreement of compromise be set aside by the decree of the state court, Buch a decree be treated in this court as a sufficient ground for refusing to commit the defendants for acts done in viola- tion of a perpetuai injunction, that has its foundation in that agreement. �These considerations bave impelled me to the conclusion that the defendants are entitled to the relief they now seek. In coming to the conclusion reached, after full advîsement, I have not been unmindful of the consideration pressed upon me so earnestly, that, unless the permanent injunction of this court be now enforced, the plaintiff, although he has a most formai admission from the defendants of the validity of hia patent, and, in addition, has the decree of this court, ob- tained upon a compromise and without fraud, sustaining hia patent in ail respects, and although infringement of hia pat- ent is admitted, is in no better position than he would be if the agreement of compromise had been declared void, the decree against the defendants in this action set aside, and a decree adverse to his patent rendered. �But this consideration, strong as it is, is one to be addressed to the state court, which has acquired jurisdiction over the agreements of compromise upon which the plaintiff's decree is founded, and where full power exista to relieve any hard- ships that have arisen from its action. An order must accordingly be entered staying the further prosecution of the pending proceeding to punish the defendants' contempt until the hearing and determination by the state court of the action there instituted by these defendants, or the further order of this court. But in making such order I do not intend to express any opinion as to the plaintiff's right to proceed with any formai action already brought in this court, or by a formai action in this or any other court of the United Statea to seek such relief as it may be competent for those courts to grant upon the bill filed. The reasons I bave now ��� �