JONES, Chief Judge.
This is an action for breach of a patent license.
Defendant moves to dismiss the action because the license is illegal and unenforceable. The motion is based on paragraph 15 of the complaint which states:
"Said License Agreement * * * bound and obligated the * * * defendant * * *
"(c) to refrain from making and selling valves containing substitute and competitive or non-royalty-paying constructions, not subject to the said...
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