KIRKPATRICK, Chief Judge.
1. As to the defendant's # 2,468,498 patent. The validity of this patent and its infringement by the plaintiff's recloser are directly in issue in the District Court in Chicago. The fact that the issues were raised by way of counterclaim does not make the action any less an ordinary infringement suit than if the issues had been raised by complaint and answer. I cannot see that anything can be gained by entertaining in this court a suit for...
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