OLDFIELD v. NUNN BRASS WORKS

Civil Action No. 399.

36 F.Supp. 639 (1940)

OLDFIELD v. NUNN BRASS WORKS.

District Court, W. D. New York.

December 18, 1940.


Attorney(s) appearing for the Case

Frank Keiper and Charles E. Callahan, both of Rochester, N. Y., for plaintiff.

Cumpston & Shepard, of Rochester, N. Y., for defendant.


BURKE, District Judge.

This is a suit for patent infringement. Issue has been joined herein by the service of an answer. The plaintiff now moves to file a reply in which he seeks to set up new matter for the purpose of establishing an estoppel against the defendant from asserting defenses to the cause of action alleged. Because of the confusion which would result from such a course, the court in the exercise of its discretion will permit the plaintiff to serve an...

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