KIRKPATRICK, District Judge.
The plaintiff filed its original bill in equity October 14, 1935, against two defendants, Willingmyre and one Theresa Turk. The bill charged Willingmyre with fraudulent use of Coty's name and infringement of its trademark in selling perfumery. Specifically, it appears from the bill that the charge against Willingmyre was based upon the sale by him, either
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