Opinion by
Sullivan, J.The case was first called for trial on June 27, 1933, and was continued many times. On June 7, 1938, a motion was made for a continuance for the purpose of having a commission issued to take the testimony of the foreign manufacturer of the merchandise. The Government objected on the ground that the plaintiff was guilty of laches. The objection was sustained and the protest was dismissed. Brown, J., dissented.'