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Fairbanks, Morse & Co. v. American Valve Co., 276 U.S. 305 (1928)
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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.
Fairbanks, Morse & Co. v. American Valve Co., 276 U.S. 305 (1928)
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Fairbanks, Morse & Co. v. American Valve & Meter Company No. 262 Returns to rule to show cause submitted February 20, 1928 Decided March 19, 1928 276 U.S. 305
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SEVENTH CIRCUIT
Syllabus
1. The circuit court of appeals may decline to reexamine the evidence on appeal when not condensed and stated as required by Equity Rule 75b. P. 308.
2. But where the evidence was stated and approved in accordance with a practice theretofore prevailing in the circuit with the implied sanction of the circuit court of appeals, and where one of the judges of that court had made an order declaring that the transcript was received as a sufficient compliance with the equity rules, it was error to proceed to a determination of the case without considering the evidence before affording the appellants an opportunity to comply with Rule 75b by remitting the transcript to the district court for further proceedings in conformity therewith. Barber Asphalt Co. v. Standard Co., 275 U.S. 372. P. 308.
3. Such opportunity was not given by an order allowing the appellants to withdraw the transcript for 30 days; they were entitled to a specific order operating as a direction to the district court. P. 309.
4. Both parties being at fault through having brought the evidence into the transcript in objectionable form by their express stipulation, and the objection to it having been made by the court of its own motion, each party is left to pay its own costs in that court and this, and counsel fees and expense are not inflicted on the appellants as in Barber Asphalt Co. v. Standard Co., supra. P. 310.
18 F.2d 716 reversed.
Certiorari, 274 U.S. 735, to a decree of the circuit court of appeals affirming, with modifications, a decree for profits in a patent infringement suit. The court of appeals declined to reexamine the evidence upon the ground that Equity Rule 79b had not been complied with. This Court directed the parties to show cause why the case should not be disposed of in accordance with Barber Asphalt Co. v. Standard Asphalt Co., 275 U.S. 372.
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Chicago: U.S. Supreme Court, "Syllabus," Fairbanks, Morse & Co. v. American Valve Co., 276 U.S. 305 (1928) in 276 U.S. 305 276 U.S. 306. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=CR8CDTX477NLRTX.
MLA: U.S. Supreme Court. "Syllabus." Fairbanks, Morse & Co. v. American Valve Co., 276 U.S. 305 (1928), in 276 U.S. 305, page 276 U.S. 306. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=CR8CDTX477NLRTX.
Harvard: U.S. Supreme Court, 'Syllabus' in Fairbanks, Morse & Co. v. American Valve Co., 276 U.S. 305 (1928). cited in 1928, 276 U.S. 305, pp.276 U.S. 306. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=CR8CDTX477NLRTX.
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