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1 In the District Court of the United States, Eastern District of Pennsylvania, Sitting in Equity: Francis A. Byerly vs. Sun Company; October Sessions 1908, No. 201, Injunction Bill, Sur Exceptions to Master's Report 1908

handle is hein.trials/adct0001 and id is 1 raw text is: IN THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA SITTING IN EQUITY FRANCIS A. BYERLY : October Sessions 1908 VS. No. 201 SUN COMPANY Injunction Bill SUR EXCEPTIONS TO MASTER'S REPORT DICKINSON, J. The parties to this contention have each filed exceptions to the report of the Master. The de- served compliments which have been bestowed upon the Master for the ability displayed in the consid- eration and discussion of the matters submitted to him, and the fullness with which he has applied that ability to the performance of his duties, as well as the thoroughness of his investigation, lead to the ex- pectation of a finding of the correctness of the con- clusions reached. On the other hand, as this is an inquiry into the amount of profits made:in-a manu- facturing venture from the 'use of a process employed in securing a special product, a finding of about 25% profit flowing from the use of this process alone, and a claim of still greater profits, prompts an in- quiry into the methods by which this result was reached. The plaintiff vindicates the justness of his claim on the ground, broadly stated, that by his process a hitherto wholly worthless residuum is trans- muted into a product of great commercial value, and that the profits are measured by the gross value of this product, lessened only by the cost of applying the process and marketing the product. -1 -

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