
    BENNER v. HAYES.
    (Circuit Court of Appeals, Seventh Circuit.
    June 19, 1897.)
    No. 357.
    Appeal—Dismissal—Collusion.
    An appeal will be dismissed when it appears tbat tbe parties have settled their differences, and that the further prosecution of the appeal is collusive.
    Appeal from the Circuit Court of the United States for the Southern Division of the northern District of Illinois.
    This was a suit in equity by Lorenzo D. Benner against Eugenio K. Hayes for alleged infringement of letters patent Ho. 232,137, granted September 14, 1880, to Tyler C. Lord, for improvements in check-rowing attachment for corn planters. The circuit court dismissed the bill, holding that, if complainant’s device was patentable at all, the patent must be limited to the mechanical arrangement by which the rope or cable is permitted, on the removal of obstacles, to straighten itself, and that, so construed, it was not infringed by defendant. From this decree the complainant appealed.
    Taylor E. Brown, for appellant.
    
      Before WOODS, JENKINS, and SHOWABTER, Circuit Judges.
   PER CURIAM.

It is apparent that there is no longer a real controversy between the parties to this suit, their differences having been adjusted, and that the prosecution of the appeal is collusive. The. appeal is therefore dismissed.  