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ELECTRICAL ENGINEERS' EQUIPMENT CO. v. CHAMPION SWITCH CO.

No. 114.

23 F.2d 600 (1928)

ELECTRICAL ENGINEERS' EQUIPMENT CO. v. CHAMPION SWITCH CO.

Circuit Court of Appeals, Second Circuit.

January 9, 1928.

Attorney(s) appearing for the Case

William S. Hodges, of Washington, D. C., Daniel J. Kenefick, of Buffalo, N. Y., and Oscar S. Blinn, of New York City, for appellant.

Charles A. Brown and John A. Dienner, both of Chicago, Ill., for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

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

However anomalous may be a bill of review, or a bill in the nature of a bill of review, before final decree, we are content to accept this one as the equivalent of a petition for rehearing upon new evidence. Even so, the proceedings were quite irregular. The motion should have been granted, the first decree vacated, the new proofs taken and a new decree entered, if...

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