Ellis-Foster Co. v. Aldur Corp.

CAMPBELL, District Judge.

This is a motion made by the plaintiff for an order taking this case off the calendar under Equity Buie 57 (28 USCA § 723) or, in the alternative, that an order be entered dismissing the suit without prejudice and at cost of the plaintiff.

The complaint in this action was filed on April 12,1932, and the subpoena served on or about April 14, 1932.

The time of the defendant to answer was extended by stipulation to and including May 11, 1932.

Notices of infringement were sent to defendant on February 13, 1932, and again on March 5, 1932, but were delayed in delivery due to…