JONES, District Judge.
There are two defendants and two issues not involved in a decision. As the suit was finally shaped, it becomes one primarily against the Specialty Appliance Company, which was the only defender, and involves the sole issue of validity of three patents belonging to the plaintiff. The case was tried and submitted to Hon. D. C. Westenhaver, late a judge of this court, in January, 1928, and, because of his illness and subsequent death, without decision...
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