JONES, District Judge.
The complaint in this case alleges a cause of action under Title 35, Section 50, U.S.C., 35 U.S.C.A. § 50, for falsely marking a supplemental window sash (storm window) with patent markings. The defendant, by motion to dismiss, challenges the capacity of a corporation as plaintiff to bring an action under this statute. The action is in the nature of an informer suit for the recovery of a penalty to be divided equally between the informer...
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