District Court, D. Massachusetts February 11, 1941, Misc. Civ. No. 6038 (Pizzano v. Knowles & Co.)

BREWSTER, District Judge.

Plaintiff has brought an action of tort against the defendant, alleging infringement of a copyrighted plaque. Defendant has filed an answer in abatement and a motion to dismiss. The answer in abatement is based on the undisputed fact that the same plaintiff brought an earlier action returnable in this court on the first Tuesday of March, 1939.