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McCullough v. Kammerer Corp., 331 U.S. 96 (1947)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
McCullough v. Kammerer Corp., 331 U.S. 96 (1947)
McCullough v. Kammerer Corporation No. 755 Argued April 8, 1947 Decided April 28, 1947 331 U.S. 96
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
In a patent infringement suit, an appeal may be taken under § 129 of the Judicial Code, as amended, 28 U.S.C. § 227a, from an "order" denying on the merits a motion to set aside (because of unlawful use of the patent) an earlier decree which held the patent valid and infringed and was "final except for the ordering of an accounting." Pp. 98-100.
(a) Since it left nothing to be done except to conduct an accounting, the order falls squarely within § 129, as amended. P. 99.
(b) Under Rule 54 of the Federal Rules of Civil Procedure, the fact that the Court designated its action as an "order," instead of a "decree," is immaterial. P. 99.
(c) Nor is such an order rendered nonappealable because one appeal had already been taken. Pp. 99-100.
156 F.2d 343 reversed.
In a patent infringement suit, a Circuit Court of Appeals dismissed an appeal under § 129 of the Judicial Code, as amended, 28 U.S.C. § 227a, from an order denying a motion to set aside a decree holding the patent valid and infringed and ordering an accounting. 156 F.2d 343. This Court granted certiorari. 329 U.S. 712. Reversed, p. 100.
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Chicago: U.S. Supreme Court, "Syllabus," McCullough v. Kammerer Corp., 331 U.S. 96 (1947) in 331 U.S. 96 331 U.S. 97. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=A271EJRH66X881Z.
MLA: U.S. Supreme Court. "Syllabus." McCullough v. Kammerer Corp., 331 U.S. 96 (1947), in 331 U.S. 96, page 331 U.S. 97. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=A271EJRH66X881Z.
Harvard: U.S. Supreme Court, 'Syllabus' in McCullough v. Kammerer Corp., 331 U.S. 96 (1947). cited in 1947, 331 U.S. 96, pp.331 U.S. 97. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=A271EJRH66X881Z.
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