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15 F. 265

Barker v. Todd

New York Northern District Court

Decided November 29, 1882.)

New York Northern District Court · decided 1882-11-29

The decision in Barker v. Todd, reported in 13 Fed. Rep. 473, has since been set aside upon the application of the L. M. Rumsey Manufacturing Company, and the ease finally disposed of by the following decree.

2 counsel of record

Relies on The Eddy · Israel Raymond v. William Tyson · Barker v. Todd

Cited in Black's (1910)’s definition of “Arrival”

Decided 1882-11-29

¶11. Annulment op Decree.

¶2It being made to appear to the court by the petition of strangers to the récord that a decree was obtained by collusion between complainant and defendant, it is annulled and the cause dismissed.

¶32. Barker Patent for Cilain-Pumps.

¶4Vacation of judgment in favor of Barker reissue No. 6,531, for chain pumps, reported in 13 Fed. Rep. 473.

¶5The decision in Barker v. Todd, reported in 13 Fed. Rep. 473, has since been set aside upon the application of the L. M. Rumsey Manufacturing Company, and the ease finally disposed of by the following decree.

¶6Parkinson é Parkinson, for L. M. Rumsey Manufacturing Company.

¶7B. ¡I. Buell, for Barker.

¶8Wallace, J.

¶9This cause having been heard upon the petition of the L. M. Rumsey Manufacturing Company et al. to vacate and annul the decree heretofore entered herein, and upon affidavits and arguments of counsel in behalf of the said petitioners and the said complainant, Barker, and it appearing to the court that the proceedings therein were procured by collusion between the complainant, Barker, and the defendant, Todd, and that there was no real controversy between them, it is hereby ordered, adjudged, and decreed that the said decree, to-wit, the decree entered on or about the twelfth day of September, 1882, be and the same is hereby vacated and annulled, and that this cause be dismissed. It is further ordered that said Barker pay the disbursements incurred in the said application for vacation of said decree.

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