Rown

In this cause in the District Court an interlocutory decree was made and entered on the 29th day of May, 1929, in favor of the plaintiffs-appellees, in accordance with the prayer of the bill of complaint. On appeal to this court the decree of the District Court was reversed with instructions that the said suit be dismissed, finding that the plaintiff’s patent was invalid and also that there was no infringement. 38 F.(2d) 220 . The mandate of this court when received by the District Court was duly entered, and in accordance therewith the final decree of the District Court was entered on or about the 21st day of April, 1930.

This is a petition by plain tiff-appellee for permission to apply to the District Court.for leave to file a supplemental bill, for reopening the case and for rehearing, i. e., a supplemental bill in the nature of a bill of review. The ground upon whieh this petition is based is newly discovered evidence, that is, evidence that some of the material testimony introduced at the hearing before the lower court was false, because in conflict with declarations of two of the witnesses who testified in the ease at bar. The allegation in the petition is to the effect…