DAWKINS, District Judge.
Alleging himself to be the owner of letters patent No. 1,827,858, plaintiff sues for infringement. The petition charges that for the "past six or seven years", defendant has "been and still is infringing" the patent "by making, selling and using mattresses with and in mattress boxes embodying said patent invention, and will continue to do so unless enjoined * * *".
Further, that:
"Defendant has also, for the past six years...
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