SOLOMON, District Judge.
This matter is now before the court on plaintiff's application for an allowance of attorney fees pursuant to 35 U.S.C.A. § 70, which provides that "The court may in its discretion award reasonable attorney's fees to the prevailing party upon the entry of judgment on any patent case."
In the case of Park-In-Theatres v. Perkins, 9 Cir., 1951,
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