Activated Sludge, Inc. v. Sanitary Dist.

LINDLEY, District Judge.

The court heard oral arguments on March 2, 1940, upon defendant’s motion for leave to file a petition to reopen the decree of infringement entered herein February 8, 1935, submit allegedly newly discovered evidence, vacate the decree and dismiss the suit. Since that time, under permission of the court, voluminous briefs have been filed, the final and concluding memorandum having been received on June 25. The court has had complete access and recourse to the documentary and parol testimony contained in the voluminous record of the cause.

The issue presented is the same…