DEITEL v. LA MINUETTE TRADING CO.

No. 125.

37 F.2d 41 (1930)

DEITEL et al. v. LA MINUETTE TRADING CO. et al.

Circuit Court of Appeals, Second Circuit.

January 6, 1930.


Attorney(s) appearing for the Case

W. P. Preble, of New York City, for appellants.

Lester F. Dittenhoefer, of New York City, for appellees.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

This is the ordinary suit for patent infringement. The parties submitted to the District Judge a specimen of the defendants' device alleged in the complaint to infringe the patent, and stipulated that such device might be used on a motion to dismiss the bill. The motion to dismiss was made on the ground that the complaint did not state facts sufficient to entitle the complainants to any relief because defendants' device did not come...

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