LEACH v. ROSS HEATER & MFG. CO.

No. 316.

104 F.2d 88 (1939)

LEACH v. ROSS HEATER & MFG. CO., INC.

Circuit Court of Appeals, Second Circuit.

April 24, 1939.


Attorney(s) appearing for the Case

John S. Powers, of Buffalo, N. Y., for appellant.

Munn, Anderson & Liddy, of New York City (Orson D. Munn, Thomas O. Perrella, and Daniel H. Kane, all of New York City, of counsel), for appellee.

Before L. HAND, CLARK, and PATTERSON, Circuit Judges.


PATTERSON, Circuit Judge.

The plaintiff brought suit for patent infringement. The defendant put in counterclaim for declaratory judgment that the plaintiff's patents were invalid or that the defendant did not infringe. On motion by the plaintiff the court below dismissed the defendant's counterclaim and the plaintiff's bill of complaint without prejudice, with costs to the defendant. It also denied a later motion by the defendant to vacate the order of dismissal and...

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