Radtkev.American Tri-Ergon Corporation

United States Court of Appeals, District of Columbia CircuitFeb 16, 1940
114 F.2d 15 (D.C. Cir. 1940)

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No. 7577.

Decided February 16, 1940.

Action between Albert A. Radtke and the Radtke Patents Corporation and others and the American Tri-Ergon Corporation and others, wherein Albert A. Radtke and the Radtke Patents Corporation and others appealed to the United States Court of Appeals for the District of Columbia from judgment of the District Court. On appellants' motion for temporary injunction to enjoin Commissioner of Patents from issuing a patent as directed by an order of the District Court.

Order in accordance with opinion.

Leonard Day, of New York City, and A.K. Shipe, of Washington, D.C., for appellants Albert A. Radtke and Radtke Patents Corporation.

Leslie C. Garnett and Samuel F. Beach, both of Washington, D.C., for appellees American Tri-Ergon Corporation and Tri-Ergon Holding A.G.

W.W. Cochran, U.S. Patent Office, of Washington, D.C., for appellee Conway P. Coe, Commissioner of Patents.


This cause coming on to be heard on appellants' motion filed on January 27, 1940, for temporary injunction to enjoin appellee Commissioner of Patents from issuing a patent as directed by the order of the District Court entered in this cause on January 24, 1940, and it appearing that said order of January 24, 1940, was entered by the District Court after an appeal to this court in the cause had been taken and perfected and after this court had obtained exclusive jurisdiction of the cause, see Lasier v. Lasier, 47 App.D.C. 80; Keyser v. Farr, 105 U.S. 265, 26 L.Ed. 1025, it is, therefore, ordered that, pending final determination of the appeal in this cause, or the further order of this court, said order of January 24, 1940, be, and it is hereby, stayed.