ELLIOTT ADDRESSING MACH. CO. v. NEW ENGLAND TEL., ETC., CO.

No. 4245.

20 F.Supp. 279 (1937)

ELLIOTT ADDRESSING MACH. CO. v. NEW ENGLAND TELEPHONE & TELEGRAPH CO.

District Court, D. Massachusetts.

May 6, 1937.


Attorney(s) appearing for the Case

Franklin F. Phillips, Fish, Richardson & Neave, and Richard Whiting, all of Boston, Mass., for plaintiff.

Dike, Calver & Gray, George P. Dike, Cedric W. Porter, James N. Clark, and Powers & Hall, all of Boston, Mass., and William O. Bell and Geo. H. Wallace, both of Chicago, Ill., for defendant.


BREWSTER, District Judge.

In the above-entitled suit in equity, brought to establish infringement of a patent held by the plaintiff, the plaintiff has filed a motion to dismiss its bill without prejudice. The defendant opposes this motion on the grounds that these proceedings have now gone beyond a point where the plaintiff is entitled as of right to discontinue, and that the circumstances here are such that it ought not to be permitted to do so. The pleadings have...

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