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DUPLEX PRINTING PRESS CO. v. R. HOE & CO.

No. 31.

15 F.2d 362 (1926)

DUPLEX PRINTING PRESS CO. et al. v. R. HOE & CO. et al.

Circuit Court of Appeals, Second Circuit.

November 3, 1926.

Attorney(s) appearing for the Case

Rogers, Kennedy & Campbell, of New York City, and Alexander & Dowell, of Washington, D. C. (Arthur E. Dowell and Axel V. Beeken, both of Washington, D. C., and Luther E. Morrison, of New York City, of counsel), for appellants.

Philipp, Sawyer, Rice & Kennedy, of New York City (J. J. Kennedy, of New York City, of counsel), for appellees.

Before MANTON, HAND and MACK, Circuit Judges.

MACK, Circuit Judge.

A bill for patent infringement was filed against the corporate defendant. After answer, the corporation was dissolved in accordance with the New York law (Laws 1923, c. 787, amending New York Stock Corporation Law, § 22); a motion to dismiss on the ground of abatement by reason of the dissolution was granted, unless the directors were substituted as defendants within 20 days, in which event it was denied without prejudice. Thereafter a bill...

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