LEIBELL, District Judge.
On April 14, 1939, a complaint was filed in this action alleging trade-mark infringement by the defendant and seeking an injunction, an accounting of profits, damages, attorneys' fees and costs. On May 3, 1939, defendant filed a motion to dismiss the complaint on the following grounds:
(1) That the complaint fails to state a claim upon which relief can be granted;
(2) That the defendant is an Illinois corporation and was not...
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