C. F. Simonin's Sons, Inc. v. American Can Co.

KIRKPATRICK, District Judge.

Acting upon the leave granted by the Court in the opinion filed September 20, 1939, 30 F.Supp. 901, the defendant moved for a pretrial hearing, and presented the detailed affidavit of one of its vice-presidents in support of the motion. The hearing was held and the entire matter informally but thoroughly considered by the Court.in a conference with counsel for both parties. The Court is indebted to counsel for their entire frankness and their practical assistance and cooperation in arriving at a conclusion. The purpose of the hearing was, as has been indicated in…