BREWSTER, District Judge.
This bill of complaint was filed September 17, 1938. Plaintiff concedes that it is a civil action and not an infringement suit brought under 17 U.S.C.A. § 25, and is, therefore, governed by the new Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.
Defendant has moved to dismiss, under Rule 12 (b) (6), for failure to state a claim upon which relief can be granted.
The question now presented, therefore...
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