NEVIN, District Judge.
This cause is now before the court on a motion filed on behalf of plaintiff herein for a decree dismissing defendant's counterclaim based on Benjamin patent, No. 1,167,475, on the ground that the same is not properly a counterclaim "arising out of the same transaction," and that Equity Rule 30 was not intended to permit a defendant to acquire a patent after suit and thereafter set the same up as a counterclaim.
The record shows that...
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