201 F. 518 | 7th Cir. | 1912
Application is presented on behalf of the complainant for leave to file a petition for an alternative writ of mandamus, to enforce proceedings for an accounting for infringement of his patent, pursuant to the mandate of this court, on affirmance of a decree in his favor, in the case entitled Malleable Iron Range Co. v. Beckwith, 189 Fed. 74, 110 C. C. A. 638. It appears that the matters of accounting thereupon have been referred by the trial court to a master; that such master issued a summons under equity rule 79 (29 Sup. Ct. xxxvi), requiring the defendant to submit sworn statements of account (3 Foster’s Fed. Prac. 2264), as specified in the summons; that the defendant had produced and tendered books of account and records, but refused to make and submit the required statements of account, and moved to quash the summons; that the master denied the motion to quash, and certified to the District Court the question of enforcement of the order, as for contempt; .and that thereupon the District Court overruled the master’s requirement of sworn statements, stating that equity rule 79 was “entirely inapplicable” thereto, and directed that the “summons be quashed and the accounting proceed” accordingly.
Leave is granted, accordingly, to file the petition within 10 days, so that issues may be joined for an early hearing.