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CUSANO v. ST. LOUIS SHUFFLEBOARD CO.

No. 14470.

194 F.2d 986 (1952)

CUSANO v. ST. LOUIS SHUFFLEBOARD CO., Inc., et al.

United States Court of Appeals Eighth Circuit.

March 10, 1952.

Attorney(s) appearing for the Case

J. Leonard Schermer and Jerome A. Gross, St. Louis, Mo. (Herman M. Katcher, St. Louis, Mo., and Samuel J. Davidson, Hoboken, N. J., were on the brief), for appellant.

John H. Bruninga, St. Louis, Mo., for appellees.

Before GARDNER, Chief Judge, and RIDDICK and COLLET, Circuit Judges.

RIDDICK, Circuit Judge.

In this case after the answer had been filed and the issues joined in the District Court, the plaintiff-appellant moved for a dismissal without prejudice. The action was one for the infringement of a patent. The prayer was for an injunction and an accounting. The defendants were distributors of the accused device. The manufacturer, Rock-Ola Manufacturing Corporation, with the knowledge and consent of the plaintiff and the defendants, employed...

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