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PIZZANO v. KNOWLES & CO.

Misc. Civ. No. 6038.

37 F.Supp. 118 (1941)

PIZZANO v. KNOWLES & CO., Inc.

District Court, D. Massachusetts.

February 11, 1941.

Attorney(s) appearing for the Case

Samuel L. Bailen and Joshua J. Vernaglia, both of Boston, Mass., for plaintiff.

National Shawmut Bank of Boston, pro se, alleged trustee.

Daniel A. Lynch and John F. Desmond, both of Boston, Mass., for defendant.

BREWSTER, District Judge.

Plaintiff has brought an action of tort against the defendant, alleging infringement of a copyrighted plaque. Defendant has filed an answer in abatement and a motion to dismiss. The answer in abatement is based on the undisputed fact that the same plaintiff brought an earlier action returnable in this court on the first Tuesday of March, 1939. The writ and declaration were never returned into court. Instead, a new action was started a day...

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