District Court, S.D. Illinois January 30, 1958, Civ. A. No. P. 1927 (England v. Deere & Co.)

MERCER, District Judge.

The complaint herein raises the issues of validity and infringement of a patent. The defendant has filed an answer and a counterclaim in which defendant seeks a declaratory judgment that the patent in suit is invalid and not infringed. Plaintiff has filed a motion to dismiss the counterclaim.