FRANKEL v. SEARS, ROEBUCK & CO.

No. E8416.

21 F.Supp. 1018 (1938)

FRANKEL v. SEARS, ROEBUCK & CO.

District Court, E. D. New York.

February 4, 1938.


Attorney(s) appearing for the Case

Charles Sonnenreich, of New York City, for plaintiff.

Harry Price, of New York City, for defendant.


BYERS, District Judge.

This is a patent infringement suit in equity. Plaintiff moves for an order under rule 58 (28 U.S.C.A. following section 723) directing the defendant to answer the plaintiff's interrogatories, and requiring the defendant to serve and file a verified bill of particulars.

The motion is resisted upon the ground that, because the bill of complaint demands treble damages, answers to interrogatories may not be required, for reasons stated in...

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