Page:Federal Reporter, 1st Series, Volume 2.djvu/360

 AM. DIAMOND ROCK BOBINO CO. V. S. P. MARBLB 00. 353 �deed did not carry this patent bas already been determined in this case, upon full argument and consideration. �There is no apparent ground upon wbich tbis motion can justly be sustained, and it must be denied. On aceount of ibe number of tbose found to be entitled to sbare in the avails of the r^covery, and of the conflicting claims between them, it may be preferable to the defendant James, equally advanta- geous to tbose entitled, and perhaps more proper, as the case is made up, that be should bave opportunity to make pay- ment into the registry of the court for the beneût of those entitled, instead of being compelled to pay tbeir sbares to them eeverally. �Tbe exceptions to the master's report are overruled, the report is accepted and confirmed, and a decree ordered to be entered that the defendant James pay to the clerk of this court the sum of $63,000, mentioned in the master's report, witliin 20 days from the entry of the decree, for the benefit of the parties to this suit— $42,000 for the plaintiff ; $13,125 for Samuel K. Clexton; $7,000 for Horace T. Caswell; and $875 for Charles Eddy — and for execution therefor in default of such payment, and for eosts to the plaintiff, to be taxed. ���Amebican Diamond Kook Boeing Co. v. Suthbrland Falls �Mabble Co. �Samb V. Sheldons and another. [OircuU Court, D. Vermont. May 8, 1880.) �Patent — CoMBiNATioK — New Elements — Mat bb Sphciallt Pro- TECTED. — A patent for a combination of new elements with old may secure the new elements by themselves, as well as the combination. �Same — Boeing EtaADs — Use of Aftbr Expiuation dp Patent — Injonc- tion. — An injunction restraining the use of certain patented boring heads, manufactured during the term of the patent, is not violated by the use of such heads made after the expiration of the patent, in connection with propelling machinery, not patented, made during its term. -, �In Equity. v.2,no.3— 23 ����