McCreery Engineering Co. v. Massachusetts Fan Co.

DODGE, Circuit Judge.

This motion is based on the same grounds as was a motion denied March 10, 1913, to strike out a part of the answer.

What has been submitted to me by the complainant since the hearing on the present motion has little bearing upon the point regarding which I requested counsel to submit authorities; i. e., whether or not the evidence presented by these depositions would have been admissible upon the defendants’ second plea, filed in this court August 30, 1910, before the appeal since determined according to the mandate under which the case is now here.

It has not been made…