USSESA SALES CO. v. JOSAM MFG. CO.


2 F.Supp. 190 (1933)

USSESA SALES CO., Inc., v. JOSAM MFG. CO. et al.

District Court, S. D. New York.

January 17, 1933.


Attorney(s) appearing for the Case

Cooper, Kerr & Dunham, of New York City (T. J. Byrne and E. D. Given, both of New York City, of counsel), for defendants.

Edward M. Evarts, of New York City, for plaintiff.


WOOLSEY, District Judge.

This motion is granted only to the extent that the bill of complaint is dismissed without prejudice in pursuance of Supreme Court Equity Rule 26 (28 USCA § 723), for the reason that in it are joined an action at law for damages on two patents which have expired with a suit in equity on two unexpired patents.

In all other respects the motion is denied without prejudice to its renewal at some later date in such manner as will comply...

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