O'Leary v. Liggett Drug Co.

NEVIN, District Judge.

On October 12, 1939, plaintiffs herein, Lucy B. O’Leary and the Rotor Clock Company, filed their bill of complaint against the defendant, the Liggett Drug Company, alleging infringement of letters patent and praying for an injunction and an accounting.

On November 29, 1939, defendant filed its answer. Based upon the allegations therein contained, defendant prays that the bill of complaint may be dismissed. Together with its answer, and as paragraph 12 thereof, defendant sets up a counterclaim, or as its counsel state in their brief “a prayer in the nature of a…