YANKWICH, District Judge.
The suit was begun on November 14, 1939, and charged infringement of Letters Patent No. 2,067,963, relating to shoes, and unfair competition arising out of the infringement complained of.
It sought injunction, accounting, and damages suffered by the infringement and the unfair competition.
On January 5, 1940, and while the matter was pending before another judge of this court, on stipulation of counsel, it was
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