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COCA-COLA CO. v. WHISTLE CO.

No. 637.

20 F.2d 261 (1927)

COCA-COLA CO. v. WHISTLE CO. OF AMERICA.

District Court, D. Delaware.

June 17, 1927.

Attorney(s) appearing for the Case

Harry D. Nims, of New York City, and Andrew C. Gray, of Wilmington, Del., for plaintiff.

William G. Mahaffy and Rodmond S. Mahaffy, both of Wilmington, Del., and Samuel E. Darby, Jr., of New York City, for defendant.

MORRIS, District Judge.

To the bill of complaint of the Coca-Cola Company, alleging infringement of three design patents, Nos. 48,160, 54,241, and 63,657, for bottles, wherein profert was made of the letters patent without annexing copies thereof as exhibits to the bill of complaint, the defendant, Whistle Company of America, filed its answer, in which, upon the authority of equity rule 29, it incorporated a motion to dismiss the bill of complaint for want of equity...

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