Photometric Products Corp. v. Radtke

MANDELBAUM, District Judge.

Plaintiff moves for an order substituting Robert Bruce Day, as executor of the estate of Leonard Day, deceased, as a defendant in place and s'.cad of Leonard Day, .deceased, as,one of the defendants herein. r ,

The action is to recover title to a patent based upon an alleged conspiracy to deprive plaintiff of- the. patent. The deceased is charged with being an active member -of the conspiracy.

Warner Brothers Pictures, Inc., one of the named defendants appears in opposition, contending that any substitution is barred as a matter of law in view of the fact that Leonard…