E. I. Du Pont De Nemours & Co. v. Byrnes

MANTON, Circuit Judge.

At the oral argument of this case, we reversed the order and directed the lower court to appoint a master to take testimony and determine the place of residence or inhabitancy of appellee. The petition for reargument states that both parties are willing that a decision be made upon the affidavits found in the record. Upon that agreement we proceed to do so.

In this suit for a declaratory judgment, § 274d Jud.Code, 28 U.S.C.A. § 400, that appellee’s patent is invalid, the jurisdiction of the district court is raised. The question is one of venue, which depends solely upon…