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SMITH v. JAMES MFG. CO.

No. 253.

21 F.Supp. 636 (1937)

SMITH v. JAMES MFG. CO. et al.

District Court, W. D. New York.

November 5, 1937.

Attorney(s) appearing for the Case

Albert L. Ely, of Akron, Ohio (Max D. Farmer, of Buffalo, N. Y., of counsel), for plaintiff.

Toulmin & Toulmin, of Dayton, Ohio (John S. Powers, of Buffalo, N. Y., of counsel), for defendants.

KNIGHT, District Judge.

This motion is made for leave to take testimony of certain witnesses to establish a basis preliminary to an application to include as costs expenses of the defendants not heretofore taxed. The basis for the motion is the alleged "vexatious and unwarranted prosecution of this suit by plaintiff with full knowledge of the invalidity of the patent during the entire prosecution of this suit."

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