Frankel v. Sears, Roebuck & Co.

BYERS, District Judge.

This is a patent infringement suit in equity. Plaintiff moves for an order under rule 58 (28 U.S.C.A. following section 723) directing the defendant to answer the plaintiff’s interrogatories, and requiring the defendant to serve and file a verified bill of particulars.

The motion is resisted upon the ground that, because the bill of complaint demands treble damages, answers to interrogatories may not be required, for reasons stated in Healthometer Co. v. Jacobs Bros. Co., Inc., D. C., 12 F.2d 96, decided in this court on March 31, 1926.

That case is an authority in…