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DOW PUMP & DIESEL ENGINE CO. v. WILSON-SNYDER MANUFACTURING CORPORATION

No. 2595.

59 F.2d 828 (1932)

DOW PUMP & DIESEL ENGINE CO. et al. v. WILSON-SNYDER MANUFACTURING CORPORATION.

District Court, W. D. Pennsylvania.

June 3, 1932.

Attorney(s) appearing for the Case

Green & McCallister and Edgar W. McCallister, both of Pittsburgh, Pa., and Charles E. Townsend and William A. Loftus, both of San Francisco, Cal., for plaintiffs.

Byrnes, Stebbins, Parmelee & Blenko, of Pittsburgh, Pa., for defendant.

GIBSON, District Judge.

Plaintiffs' bill alleges infringement of their patent by the defendant. The defendant has answered the bill, and, pursuant to authority claimed under equity rule 30 (28 USCA § 723), has set out as a set-off or counterclaim an alleged infringement by Dow Pump & Diesel Engine Company, one of the plaintiffs, of a patent owned by the defendant. The plaintiffs have moved to dismiss the counterclaim, the reasons assigned being: (1) That...

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