FOREST R. ETLING, INC., v. WEATHERSEAL

Civ. No. 22437.

58 F.Supp. 269 (1944)

FOREST R. ETLING, Inc., v. WEATHERSEAL, Inc.

District Court, N. D. Ohio, E. D.

October 25, 1944.


Attorney(s) appearing for the Case

Charles F. Schnee and Scott A. Belden (of Schnee, Grimm & Belden), both of Akron, Ohio, for plaintiff.

A. L. Ely and Bernard C. Frye (of Ely & Frye), both of Akron, Ohio, and Bruce W. Bierce (of Brouse, McDowell, May & Bierce), of Akron, Ohio, for defendant.


JONES, District Judge.

The complaint in this case alleges a cause of action under Title 35, Section 50, U.S.C., 35 U.S.C.A. § 50, for falsely marking a supplemental window sash (storm window) with patent markings. The defendant, by motion to dismiss, challenges the capacity of a corporation as plaintiff to bring an action under this statute. The action is in the nature of an informer suit for the recovery of a penalty to be divided equally between the informer...

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