Greenspon v. Parke, Davis & Co.

RIFKIND, District Judge.

Issue in this case was joined on January 17, 1947; laches was pleaded as a defense. Defendant now moves for summary judgment on affidavits supporting the plea. I cannot say that the defense is established beyond the “slightest doubt”. Hence, summary judgment must be denied.

Alternatively, defendant moves for a separate trial of the issue of laches. Rule 42(b), Federal Rules Civil Procedure, 28 U.S.C.A., authorizes such a procedure. 28 U.S.C.A. § 398,1 cited by defendant is no longer part of the Code. Such a motion raises issues of convenience for court and litigants.…