Stebler
Pomona Fruit Growers' Exch. v. Stebler
Opinion
lead Opinion
Hunt, J.
This case grows out of the litigation between Stebler and the Riverside Heights Orange Growers’ Association, and Parker, for infringement of United States reissue letters patent No. 12,297, granted to Robert Strain on December 27, 1904, for an improved fruit grader; the letters patent having been duly assigned to-this complainant, Stebler. Stebler v. Riverside Heights Orange Growers’ Association, 205 Fed. 735 , 124 C. C. A. 29 . The report shows that this court reversed the action of the District Court, which had decreed a dismissal of Stebler’s suit. Thereafter, before reference to a master for an accounting was had, Stebler filed 31 suits in the District Court for the Southern District of California (the present being one of that number) against sundry different users of the infringing machines manufactured and sold by George D. Parker, one of the defendants in the-■suit (No. 1562) referred to. After the 31 suits were filed, Parker, defendant in suit 1562, asked the court for an order to restrain the prosecution of the suits so brought against the users, and to restrain the filing-of additional threatened suits against other vendee users, of the machines manufactured and sold by…