OCR Text |
Show BUTTE & SUPERIOR DECREE MODIFIED TJ. S. Court Finds That Mining Company Com-pany Used Only One-half of One Pot Cent of Oil. Henry D. Williams, of counsel for .Minerals .Min-erals Separation, Ltd., has been advised that the United Slates circuit court of appeals in San Francisco lias modified its order and decree so as to grant Minerals Min-erals Separation an injunction and accounting ac-counting against the Buttee Superior Mining company on all operations of the latter company covering the use of one-half one-half of 1 per cent or loss of oil up lo and Including January 7. 1917, says the Boston News Bureau. Mr. Williams made the following slale-ment slale-ment : "The decree as entered May 13. I91S, directed thai the hill he dismissed for failure to establish infringement. the court having found that the use of any oil in a proportion greater than one-half of 1 per cent -would not constitute infringement in-fringement of tho Minerals Separation patent. Yesterday's order states that it appears and Is admitted that up to and Including January 7, 1917, the Butte & Superior Mining company did use in ils process oil In quantities of one-half of 1 per cent and less, and. therefore, the decree de-cree Is corrected to direct the court below be-low to issue an injunction and direct an accounting as to all proceedings from August, Au-gust, 1911. This merely corrects the decree de-cree to accord with the almitted facts of the case and obviates a rehearing to that end. and clears the way for application to the supreme court lo review the case." |