Page:Federal Reporter, 1st Series, Volume 7.djvu/828

 816 TBCEBAIi BSPOBTBB. �WooBTBB V. Blakb and others. �{Circuit Court, S. D. MeiB Ymk. June 30, 1881.) �1. Equitt Pbactich— Rtxle 34. �Rule 34 of the rules of practice prescribed by th» supreme court for the courte of equity of the United Btates, requires that on over- ruling a plea the defendant shall be allowed to answer ; that teave must be given to it. �In Equity. �F. H. Betts, for complainant. �W. H. L. Lee, for defendants. �BiiATCHFORD, C. J. The Company is willing to have its plea overruled. That is all the plaintif oan ask. But rule 34 requires that on overruling a plea the defendant shall be allowed to answer; that leave must be given to it. A pre- liminary injunction will be issued against the other defend- ants on the claims of the Kobjohn patent, whieh was adju- dicated upon in the decision; but if such an injunction is asked for against the company, it must be moved for on papers and notice. An order will be settled on notice. ���Clabk V. Bbbcheb Makuf'o Co. and another. (Oircuit Court, D. Conneeticut. February 15, 1881.) Patent No. 66,130 — Blanks for CAKEiAOB-TniLii Shaokles — In- �FBIKeBMDNT. �Letters patent No. 66,130, gra/ited Jamea B. Clark, June 25, 1867, for improvement in hlanks for carriage-thill shackles, A«W, not in- fringed by devices manufactured under letters patent No. 106,225, granted Atigugt 9, 1870, to Willis B. Smith, for dies for forging car- riage shackle blanlcs. �Complainant's invention, consisting of blanks for carria^e-thlll shackles and dies for making same, whereby the shackle is primarily f ormed with a curve on its central body portion, go that the subsequent straightening of the central portion and flnishing of the blank forces the surplus metal to the corners to flll up the deflciency in them and make them sharply-deflned right angles, hdd, not infringed by defend- ��� �