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Today in Supreme Court History: December 22

Memphis & L. R.R. Co. v. Berry, 112 U.S. 609 (decided December 22, 1884): tax break given to railroad company formed by act of legislature does not survive such that company which purchased it can benefit from it


Blumenthal v. United States, 332 U.S. 539 (decided December 22, 1947): conspiracy prosecution doesn’t have to identify all conspirators (conspiracy here was to sell whiskey at prices above ceiling set under Emergency Price Control Act of 1942); “secrecy and concealment are essential features of successful conspiracy”


New York Belting & Packing Co. v. New Jersey Car-Spring & Rubber Co., 137 U.S. 445 (decided December 22, 1890): design of corrugated mat was not “novel” enough to warrant a patent (the opinion has a drawing of the mat which does not do justice to its properties as described — corrugated sections juxtaposed such that as one passes over it one sees “moiré patterns” and “mosaic” effects) (“If the person changes his position continuously the effects are kaleidoscopic”) (the kaleidoscope was patented, as well as various improvements to it — why not this mat?)

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