OPINION
STEEL, District Judge.
Plaintiff, patentee and owner of U. S. Reissue Patent No. 24,518, sued three defendants, Kutschera, Birkenruth and Tidewater Oil Company (later Getty Oil Co.) for infringement.
Pending for decision is the motion of Birkenruth to (a) reinstate the judgment of January 22, 1969 dismissing the
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