EMERSON v. NATIONAL CYLINDER GAS COMPANY

Civ. A. No. 54-900.

135 F.Supp. 271 (1955)

John H. EMERSON v. NATIONAL CYLINDER GAS COMPANY and Stanton Scientific Equipment Co.

United States District Court D. Massachusetts.

October 10, 1955.


Attorney(s) appearing for the Case

Robert Thompson, Boston, Mass., for plaintiff.

Herbert Kenway, Boston, Mass., for defendant.


ALDRICH, District Judge.

The plaintiff seeks to amend his complaint to allege infringement of an additional patent. Although the same acts that are asserted as constituting infringement of the patent already in suit are claimed as the infringement of the second patent, it is clear that this is a separate and new cause of action. The plaintiff frankly admits that the reason he seeks to amend, as distinguished from bringing a separate suit, is that the new suit would...

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