Water Hammer Arrester Corp. v. Tower

BRIGGLE, District Judge.

This suit originally involved the validity of patent No. 2273766, issued to defendant Tower, and was before this court at the April Session, 1946. At that time we sustained a decree of the District Court holding the patent invalid. 156 F.2d 775. The case was remanded to the District Court on January 20, 1947 after certiorari had been denied by the Supreme Court, 329 U. S. 806, 67 S.Ct. 501, 91 L.Ed. 688. On July 23, 1947 plaintiff filed in the District Court its motion under Federal Rules 36(a) 1 and 37(c) 2, 28 U.S.C.A., in which it sought to require the defendant to…