A  motion  for  a  rehearing  was  granted  on  the  condition,  that
in  case  there  should  be  the  same  decree  rendered,  the  testimony
already  taken  upon  an  accounting  by  the  master  should  stnnd  for
use  in  the  ease  as  if  taken  by  the  parties  respectively  upon  such
new  accounting.  American  Diamond  Rock  Boring  Co.  v.  Shel-
dons,  24  Fed.  Eep'r,  374  ;  32  Pat.  Off.  Gaz.  1240.  And  sec  S.  C,
25  Ped.  Eep'r,  768  ;   33  Pat.  Off.  Gaz.  1598,

Application  by  tlie  defendant  for  a  re-argument  of  a  suit  for
infringement  of  a  patent,  was  denied, "upon  the  same  evidence, —
the  only  ground  stated  being  that  one  of  the  defenses  was  not  fully
presented  at  the  argument.  Railway  Register  Manuf.  Co.  v.
North  Hudson  County  R.  Co.,  20  Fed.  Eep'r,  411.
300.  Jury  Trial  in  Equity.
Allowance  of  a  jury  to  settle  the  question  of  infringement  aris-
iriL;-  in  a  suit  in  equity,  is  not  matter  of  right,  but  rests  in  discre-
tion ;  it  is  granted  when  the  equity  judge  entertains  reasonable
dciuUts  and  wishes  the  aid  of  a  jury  Brooks  v.  Noreross,  2  Fish.
Pat.  Gas.  ;:61.
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PRACTICE.  4V5

The  differences  of  witnesses  as  to  the  fact  of  infriagement,
should  be  submitted  to  a  jury,  either  by  action  at  law,  or  by  an
issue  directed  by  the  court.  Ijrooks  v.  Bicknell,  3  BIcLeau,  250  ;
1  West.  Z.J.  150.
