
    FISHEL-NESSLER CO. v. FISHEL & CO. et al.
    (Circuit Court of Appeals, Second Circuit.
    October 22, 1912.)
    Appeal from the District Court of the United States for the Southern District of New York. On motion for leave- to file agreed statement of facts as record on appeal.
    Before LACOMBE, WARD, and NOYES, Circuit Judges.
   PER CURIAM.

The record is returned to the District Court, with instructions to include therein the testimony offered by defendants attacking the validity of the patent.  