SWITZER v. MARZALL

Civ. A. No. 597-49.

96 F.Supp. 332 (1951)

SWITZER et al. v. MARZALL, Commissioner of Patents.

United States District Court District of Columbia.

March 16, 1951.


Attorney(s) appearing for the Case

Albert L. Ely, Jr., Cleveland, Ohio, Ely & Frye, Cleveland, Ohio, Bacon & Thomas, Washington, D. C., for plaintiffs.

E. L. Reynolds, Solicitor, and Joseph Schimmel, Washington, D. C., for defendant.


KEECH, District Judge.

This case is before the court on the defendant's motion requesting the trial court to apply to the Court of Appeals for remand. Defendant's motion is based on a claim of newly discovered evidence of which defendant was excusably ignorant, which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., and which defendant claims will show that plaintiffs...

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