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DUART MFG. CO. v. PHILAD CO.

No. 96.

31 F.Supp. 548 (1940)

DUART MFG. CO., Limited, v. PHILAD CO.

District Court, D. Delaware.

February 22, 1940.

Attorney(s) appearing for the Case

Clarence O. McKay (of Bacon & Thomas), of Washington, D. C., and Josiah Marvel, Jr. (of Marvel & Morford), of Wilmington, Del., for plaintiff.

Arthur J. Hudson (of Kwis, Hudson & Kent), of Cleveland, Ohio, and Herbert L. Cohen, of Wilmington, Del., for defendant.

NIELDS, District Judge.

Plaintiff moves the court for leave to file an amended and supplemental complaint. Further, plaintiff moves to file a supplement to this amended and supplemental complaint.

From reading the proposed amendment and supplement it appears that plaintiff has in no way removed the error and infirmity in the pleading in the original case decided by this court on December 7, 1939. Without reviewing the proposed amendments, paragraph by paragraph...

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