A. Magnano Co. v. Dunbar

(after stating the facts).

At the time this case was argued it was stated that, with the final brief, a stipulation of facts would be filed, to the end that the issue may be disposed of upon the merits, avoiding the necessity of reconvening the three-judge court. No stipulation has been filed. The respective parties, in their briefs, say that, if the court denies the motion to dismiss, the facts will be stipulated.

Many of the pertinent facts, arising either directly or collaterally, in this ease, have been fully discussed in The Best Foods, Inc., v. Welch (D. C.) 34 F.(2d) 682.

In view of the…