Page:Federal Reporter, 1st Series, Volume 2.djvu/471

 464 FEDERAL REPORTER. ���Pbeeï, Trustee, etc., v. Littlefield and the Littlbfield SïovE Manuf'g Co. �{Circuit Court, Jf. D. New York. April 26, 1880.) �lîTJTJNCTioN— Motion to Dissolve — Special Notice— Former Decision Afpirmbd. �Hamilton Harrîs, for plaintiff. �Edward F. Bullard, for defendants. �Blatchfoed, C. J. This case bas again been presented to the court on a second motion to dissolve the injuuction granted against the use by the defendants of the invention claimed in the re-issued patent granted to Littleiield May 31, 1870, the surrendered patent having been granted to him March 13, 1866. �1. A large part of the defendants' papers on this motion are addressed to a point not involving anything pertinent to the motion, namely, an allegation that this court was mis- taken in saying, in its decision on the demurrer in'this case, that the patents of December 19, 1862, and August 18, 1863, <vere the subjects of controversy in the former suit. I see no yeason now to think that an error was made. �2. The "special notice" of January 24, 1866, set out in the answer, caimot have, of itself, the effect to vary the rights of the parties under the formai agreement of that date. �3. No ground is seen for doubting thai the resuit arrived at in the decision of this court on the demurrer was correct, nor is any satisfactory reason shown for dissolving the injunction. ����