Sutherland Paper Co. v. Grant Paper Box Co.

McVICAR, District Judge.

This action is before the Court on defendants’ motion under Rule 59, Federal Rules of Civil Procedure, 28 U.S.C.A., for a new trial or to re-open as to certain parts of the case.

This is an action for declaratory judgment under Section 274d of the Judicial Code, U.S.C.A. Title 28, § 400, now §§ 2201, 2202. The issue between the parties is the validity and infringement of U. S. Patent No. 2,031,036. On January 25, 1949 Judge Gibson, after hearing, filed his Findings of Fact, Conclusions of Law, Opinion and Decree. D.C., 82 F.Supp. 250. In his Conclusions of Law, Judge…