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Altvater v. Freeman, 319 U.S. 359 (1943)
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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.
Altvater v. Freeman, 319 U.S. 359 (1943)
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Altvater v. Freeman No. 696 Argued April 19, 1943 Decided May 24, 1943 319 U.S. 359
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
1. The issue of validity may be raised by a counterclaim in a suit for infringement of a patent. P. 363.
2. The requirements as to the existence of a case or controversy in suits in the federal courts are no less strict in suits under the Declaratory Judgments Act than in others. P. 363.
3. The requirements as to the existence of a case or controversy are met where payment of a claim is demanded as of right and payment is made, but where a right to recover the amount paid or to challenge the legality of the claim is preserved by the coercive nature of the exaction. P. 365.
4. Although the decision of noninfringement of the patent disposed of he bill and answer in this suit, it did not dispose of the counterclaim, which raised the question of the validity of the patent, and the Circuit Court of Appeals erred in treating the issues raised by the counterclaim as moot. Pp. 363, 365.
130 F.2d 763 reversed.
Certiorari, 318 U.S. 750, to review a decree which modified and affirmed a decree dismissing the bill and granting the prayer of a counterclaim in a patent case.
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Chicago: U.S. Supreme Court, "Syllabus," Altvater v. Freeman, 319 U.S. 359 (1943) in 319 U.S. 359 319 U.S. 360. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=L3V2F7SCMJXF9EE.
MLA: U.S. Supreme Court. "Syllabus." Altvater v. Freeman, 319 U.S. 359 (1943), in 319 U.S. 359, page 319 U.S. 360. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=L3V2F7SCMJXF9EE.
Harvard: U.S. Supreme Court, 'Syllabus' in Altvater v. Freeman, 319 U.S. 359 (1943). cited in 1943, 319 U.S. 359, pp.319 U.S. 360. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=L3V2F7SCMJXF9EE.
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