Under-Feed Stoker Co. v. American Stoker Co.

WARD, Circuit Judge.

The defendant moves for an order limiting the recovery of profits and damages in this case to a period beginning October 28, 1908, on the ground that the complainant was guilty of laches in bringing the suit and has been guilty of laches in prosecuting it down to that date. It also moves for leave to file a cross-bill, alleging the complainant’s laches, and the damage caused it thereby, the original bill to be stayed until the cross-bill is disposed of.

A cross-bill is filed with the answer to enable the defendant to obtain affirmative .relief arising out of the…