TENNESSEE PRODUCTS CORPORATION v. WARNER

No. 364.

39 F.2d 200 (1929)

TENNESSEE PRODUCTS CORPORATION v. WARNER.

District Court, M. D. Tennessee.

July 19, 1929.


Attorney(s) appearing for the Case

Pitts, McConnico & Hatcher, of Nashville, Tenn., and Darby & Darby, of New York City, for plaintiff.

Keeble & Seay, of Nashville, Tenn., for defendant.


GORE, District Judge.

This is a patent infringement suit, and is now before me upon plaintiff's motion to strike defendant's counterclaim, and also certain portions of his answer on the ground that they are not authorized under Federal Equity Rule No. 30 (28 USCA § 723).

The grounds of the motion to strike the counterclaim are: (a) Because the matters therein set out did not arise out of the transaction which is the subject-matter of the suit; and (b...

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