Sanitary Street Flushing Mach. Co. v. Studebaker Corp.

ORR, District judge

(specially presiding). In this patent case, upon application by defendant, under equity rule 29 (198 Fed. xxvi, 115 C. C. A. xxvi), the court—

“ordered that, before the trial of the principal cause, the question raised by paragraphs 7 and 8 of defendant’s answer, as to whether the issues and parties herein and the same as in a cause heretofore finally heard a.nd determined in tlie United States District Court for the Southern District of New York, and affirmed by the United Slates Circuit Court of Appeals for the Second Circuit, be separately heard and disposed of, and that…