WOOD et aI. v. KEYSER et al. KEYSER et aI. v. WOOD et aI. (Circuit Court of Appeals, Fifth Circuit. May 24, 1898.) No. 654. Appeal and Cross Appeal from the District Court of the United States for the Northern District ()f Florida. J. P. Kirlin and John Eagan, for John Wood & Co. John C. Avery, for W. S. Keyser & Co. Before PARDEE and McCORMICK, Circuit JUdges, and PAltLANG.I!J, District Judge. PER CURIAM. The questions raised on this appeal and cross appeal were elaborately considered by the district judge In his written opinion, as found in the transcript, and as reported in 84 Fed. 688; and, as we concur In tha conclusions reached by bim, the decree appealed from is affirmed.
HOE et aI, v. SCOTT. (Circuit Court, D. New Jersey. May 20, 1898.) For opinion, see 87 Fed. 220. KIRKPATRICK, District Judge. Tbe defendant having moved this court that the depositions of each and every witness taken on the accounting herein before the master, and each and every part thereof, and all exhibits offered in evidence In connection with such deposition, be stricken out, and, in case the court should decline so to do, that defendant should be allowed to put in evidence in defense before the master upon matters relating to the scope of the accounting before the nature and scope of the account which the defendant Is to file are passed upon, and for other and further relief; and such motion coming on to be heard, upon the proceedings heretofore had herein, and the filed papers and evidence in this cause, including the evidence heretofore taken before Henry D. Oliphant, Esq., master, etc., and upon the affidavits of WaIter Scott and William H. L. Lee, both verified April 1, 1897; and after hearing Benjamin F. Lee, Esq., and William H. L. Lee, Esq., of counsel for defendant, In support of said motion, and Myron H. Phelps, Esq., of counsel for complainant, in opposition thereto, and due deliberation haVing been had; and it appearing to the court that the motion to strike out said depositions and exhibits should not be allowed or considered on its merits at the present time, and that all matters pertaining to the merits should be deferred until the coming in of the master's report: It Is ordered and adjudged that the motion to strike out the depositions of eacb and every witness taken on the accounting herein before the master, and each and every part thereof, and all exhibits offered in evidence In connection with said depositions, without passing on the merits thereof, be, and the same Is, not allowed at tbe present time, and that tbe bearing of said motion, and all matters involved in said motion pertaining to the merits thereof, be, and they bereby are, deferred, and the consideration thereof reserved, until the coming in of the said master's report; and It appearing to the court that tbere are certain machines manufactured by the defendant which are claimed by the complainants to be within the scope of the decree entered in the cause, and which said machines, it is Insisted on the part of the defendant, are not witbin the scope of said decree, and tbe court being of the opinion that it Is within the province or the duty of the master to determine tbe question whether said machines contain infringement upon the claims of the complainant's patent as in this cause adjudicated, it Is ordered that, before proceeding with the accounting so far as the same relates t() said machines which it is claimed are not within the scope of the decree, the said master do first satisfy himself by the evidence produced by both parties of the validity of the complainant's contention.
END OJ' CASES IN VOL