TUTTLE, District Judge.
This suit is brought by F. A. Cerruti, the patentee and owner of patent No. 1,310,389, issued to him July 15, 1919. At one time, a corporation had been organized for the purpose of manufacturing what is disclosed in the patent and one airplane was made substantially in accordance with the showing of the patent, but the plane did not work and never left the ground. Therefore, the corporation never made another
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