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KRENTLER-ARNOLD HINGE LAST CO. v. LEMAN

No. 1910.

13 F.2d 796 (1926)

KRENTLER-ARNOLD HINGE LAST CO. v. LEMAN et al.

Circuit Court of Appeals, First Circuit.

July 2, 1926.

Attorney(s) appearing for the Case

Robert Cushman and James R. Hodder, both of Boston, Mass., for appellant.

Ellis Spear, Jr., of Boston, Mass. (Eiffel B. Gale, of Yonkers, N. Y., and Victoria Lowden, of Jamaica Plains, Mass., on the brief), for appellees.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

BINGHAM, Circuit Judge (after stating the facts as above).

The first question presented by the appellant (the Krentler Company) is that Belcher, the original defendant, could not in his answer set up and maintain a counterclaim for the infringement of a patent owned by him; that under federal equity rule 30, as construed by the District Courts in this circuit, a subject-matter not arising out of the cause of complaint stated...

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