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Stilz v. Bethlehem Shipbuilding Corp.

December 29, 1941

STILZ
v.
BETHLEHEM SHIPBUILDING CORPORATION, LTD.



Appeal from the District Court of the United States for the Eastern District of Pennsylvania; Oliver B. Dickinson, Judge.

Before BIGGS, MARIS, and GOODRICH, Circuit Judges.

Per Curiam.

The present application of the petitioner in this case is for a rehearing following the denial of the court of his petition for legal aid, filed July 17, 1941. The petitioner's requests in this and other courts of the United States have been many. their number should not and does not adversely affect his right to be patiently heard concerning the relief he quite evidently feels himself entitled to receive.

The petitioner is the owner of patents which have to do with oil burners, Nos. 945873 and 1066161. In Stilz v. United States, 1925, 269 U.S. 144, 46 S. Ct. 37, 70 L. Ed. 202 the Supreme Court affirmed a judgment of the Court of Claims, 59 Ct.Cl. 21, in which it was found that the United States had not infringed the petitioner's patents. Following this litigation the petitioner used other persons for alleged infringement in the District Court for the Southern District of New York and a decision adverse to his claims was affirmed by the Circuit Court of Appeals for the Second Circuit in Stilz v. Babcock & Wilcox Co., 1924, 5 F.2d 630. The next litigation was in the District Court for the Eastern District of Pennsylvania. Again the claim was infringement and again the decision was adverse to the petitioner. The District Court was affirmed by this court in Stilz v. Bethlehem Shipbuilding Corp., 3 Cir., 1928, 29 F.2d 156, certiorari denied 1929, 279 U.S. 834, 49 S. Ct. 254, 73 L. Ed. 983.

Since 1928 the petitioner has presented a series of applications to this court attacking both the action of the court in the decision last cited and the result in the litigation in the Second Circuit, as well as that in the Court of Claims and the Supreme Court of the United States. The chronological order of these attacks is as follows:

November 13, 1928 Petition for rehearing

November 21, 1928 Denied

December 5, 1928 Call for legal aid

January 11, 1929 Application for appeal to Supreme Court

January 14, 1929 Allowed

February 28, 1929 Supreme Court denied writ of certiorari

April 28, 1931 Motion for leave to file petition for rehearing

Permission granted

Petition for leave to file Bill ...


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