COVER v. SCHWARTZ

No. 367.

112 F.2d 566 (1940)

COVER v. SCHWARTZ.

Circuit Court of Appeals, Second Circuit.

June 10, 1940.


Attorney(s) appearing for the Case

Joshua R. H. Potts, Eugene Vincent Clarke, and Basil H. Brune, all of Chicago, Ill., and John M. Cole, of New York City, for appellant.

Abraham H. Goodman, of New York City, for appellee.

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


PATTERSON, Circuit Judge.

The plaintiff brought suit for patent infringement in the usual form, and issue was joined. Some two years later the defendant asked that trial be stayed until determination by the Court of Customs and Patent Appeals of interference proceedings pending in that court between the plaintiff and the defendant relative to the same patent. The district court granted such a stay, and the plaintiff appealed.

The order staying the trial was...

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