Dooley Improvements, Inc. v. Motor Improvements, Inc.

NIELDS, District Judge.

Plaintiff moves to dismiss its bill of complaint without prejudice. Defendant resists the motion because during the progress of the case (1) defendant has become entitled to affirmative relief; (2) defendant has filed an, answer containing a counterclaim praying such affirmative relief; and (3) by a decree entered in this ease eliminating the narrow issue of interfering patents defendant has ac*162quired the advantage of trying in this court the broader issues of an infringement suit.

Plaintiff replies to the (2) defense that the counterclaim is ineffectual because filed…