BERSSENBRUGGE v. LUCE MFG. CO.

No. 73.

30 F.Supp. 101 (1939)

BERSSENBRUGGE et al. v. LUCE MFG. CO.

District Court, W. D. Missouri, W. D.

November 20, 1939.


Attorney(s) appearing for the Case

Henry L. Shenier and Thomas E. Scofield, both of Kansas City, Mo., and Wheeler, Wheeler & Wheeler, of Milwaukee, Wis., for plaintiff.

Arthur C. Brown, Ford R. Nelson, and Bowersock, Fizzell & Rhodes, all of Kansas City, Mo., for defendant.


REEVES, District Judge.

By a supplemental bill filed by plaintiffs in this case, they complain of an act of infringement upon a patent entirely different from that which formed the basis of the original action or complaint.

The question for consideration, therefore, is whether a new and distinct cause of action may be introduced into a case by a supplemental bill.

Rule 15 (d) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, provide...

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