Cusano v. St. Louis Shuffleboard Co., Inc.

RIDDICK, Circuit Judge.

In this case after the answer had been filed and the issues joined in the District Court, the plaintiff-appellant moved for a dismissal without prejudice. The action was one for the infringement of a patent. The prayer was for an injunction and an accounting. The defendants were distributors of the accused device. The manufacturer, Rock-Ola Manufacturing Corporation, with the knowledge and consent of the plaintiff and the defendants, employed counsel to defend the action for its distributors and assumed the expenses incident to the defense.

On the hearing of the motion…