Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1908-05-08

against Sears, Roebuck & Co., De-
PENDANTS, and by the decree of this
Court, entered December 3rd, 1907,
that Letters Patent of the Uni ted
States No. 555S93 were issued in due
form of law to Gustaf M. Anderson,
on the third day Of March, 1896, for
Improvements in Centrifugal Separat-
ing Apparatus, and that said Letters
Patent were assigned to, and are now
owned by the EMPIRE CREAM sEPARA-
TOR COMPANY and the VERMONT
FARM MACHINE COMPANY, ana that
you the said Sears, Roebuck & Co.
have infringed upon the said Letters
Patent, and upon the exclusive rights
of the complainants hereunder, by
making, using or selling, or causing
to be made, used or soli, Centrifugal
Separating Apparatus mbodying the
invention and Improvements described
and claimed in claims ] and of said
Letters Patent No. 555s93 as charged
in the bill Of Complaint in this suit,
and Centrifugal Apparatus like or
similar thereto and parts thereof con-
trary to the form of tie statute in
such case made and provided.
Now, THEREFORE,, we do strictly
command and perpetualy enjoin you,
the said Sears, Roebucki& Company,
your confederates, associates, SER
wants, agents, attorneys. clerks, and
workmen, and all who have cnntr-
buted toward the expense Of it's de-
tense in this case forever from MAX
ing, using or selling or in any way
disposing of any Centrifugal Separat-
ing Apparatus embodying or contain
ing the invention of said Letters Pat
ent No. 555S93 or any apparatus like
or similar thereto, or any Of the parts
of said apparatus and from infringing
in any way said Letters Patent No.
555S93.
WITNESS, the Hon. Melville.W Full
Ter, Chief Justice of the United States,
at the Post Office Building. in the
City Of New York, in the Southern
District of New York, this 18th day
of Decent ber, 1907.
JOHN A. SHIELDS,
(sEAL) Clerk.
KENYON & KENYON,
Solicitors for Com plainants,
49 Wall Street, New York.
DECREE:
At a Stated Term of the United
States Circuit Court for the Southern
District of New York, held, in the
United States Court Rooms in the
Post Office Building, in the City of
New York, on the Bird day of Decem-
ber, 1907.
Present:
HON. CHARLES M. HOUGH,
United States Judge.
Empire Cream Separator Co. s. Yer
mont Farm Machine Co. Complainants,
Sears, Roebuck s. Co, Defendants.
In Equity on Anderson Patent No.
555s63.
.
This cause having come on to be
heard at this term of Court for final
hearing on the Bill of Com plaint, the
answer thereto of the defendant, and
amendments thereto, the replication
of the complainants to such answer,
and upon all the proceedings and
proofs for final hearing taken on be-
half of the complainants and defend
ant:
Now. after hearing VIM. Houston
Kenyon, Esq, on behalf of the COM
pIainants apd Andrew Foulds, Jr.,
Esq., On behalf OF OF + he defendant, and
after due consideration, it is upon
motion of Kenyon & Kenyon, Solici-
tors for mplainants,
Ordered, Adjudged and Decreed as
follows:
First: That Letters Patent of the
United States, issued to Gustaf M.
Anderson, No. 555S93, dated March 3,
1896, for provements in Centrifugal
Separating Apparatus. and assigned
to the complainants, are good and va.
lid in law.
Second: That the said Gustaf M.
Anderson was the true, original and
first inventor of the invention and i'm.
provement described and claimed in
said Letters Patent; that the said in.
vention was not known or used by
Others before, the invention thereof
| by the said Gustaf M. Anderson and
was not patented or described OF
shown in any printed publication in
this or any foreign country before the
said invention thereof; that the same
was not for more than two years prior
to the date OF his application for a
patent thereof, in public use, or OF
sale; that said Letters Patent fully
described the Invention and were
duly granted in accordance with the
Acts Of Congress therefor made and
provided.
Third: That the Empire Cream
Separator Company and the Vermont
Farm Machine Company, complain
ants haroip aro tha coIa and oyc1u