STONE, Circuit Judge.
Appellant brought an action against appellees for infringement of three patents covering improvements in ball forming machines — the main purpose of said machines being formation of steel shot for use in air rifles. A few days after this action was filed, appellant sent to various persons, some of whom were purchasers of shot from appellees, the letter following:
"Gentlemen:
"For your protection we beg to advise that we...
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