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COVER v. CHICAGO EYE SHIELD CO.

No. 8220.

136 F.2d 374 (1943)

COVER v. CHICAGO EYE SHIELD CO.

Circuit Court of Appeals, Seventh Circuit.

June 12, 1943.

Attorney(s) appearing for the Case

Joshua R. H. Potts and Eugene V. Clarke, both of Chicago, Ill., for appellant.

F. Allan Minne, of Chicago, Ill., for appellee.

Before EVANS, SPARKS, and KERNER, Circuit Judges.

SPARKS, Circuit Judge.

This appeal involves the construction of Rule 68 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, relating to offers of judgment.1 The question raised is whether the offer to confess in this case was served upon appellant more than ten days before the beginning of the trial.

The original complaint charged appellee with the infringement of six patents. The issues therein raised...

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