144 F.2d 93 | 8th Cir. | 1944
Appellee has filed a petition moving: “(1) That the Transcript of Record herein be diminished by striking therefrom the twenty-one pages of printed matter beginning with the heading ‘Discussion of Facts,’ in Volume I, page 183, through page 203; or (2) that, in the alternative, appellant’s Brief be stricken from the files of the Court on the ground that twenty-one pages have been added to it by reference so that the Brief is actually one hundred and six pages and is thus a violation of Rule 11(c) of this Court.” An inspection of the record reveals that the motion for new trial includes discussion of the facts and law involving the contention of appellant that the patents in suit have been improperly used as instruments to restrain, restrict and suppress competition. An inspection of appellant’s brief reveals that Point XIII thereof presents the same issue. Instead of placing in the brief its argument in support of that point, appellant undertakes to do this by reference to that part of the motion for new trial in the record which contains the argument on the same issue. This is an improper pro