MONTGOMERY WARD & CO. v. CLAIR

Nos. 12090, 12091.

123 F.2d 878 (1941)

MONTGOMERY WARD & CO. v. CLAIR et al. SEARS ROEBUCK & CO. v. SAME.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied December 31, 1941.


Attorney(s) appearing for the Case

Armand E. Lackenbach, of New York City, and Thomas E. Scofield, of Kansas City, Mo., for appellants.

C. W. Prince, of Kansas City Mo. (William R. Ross, of Kansas City, Mo., on the brief), for appellees.

Before GARDNER, SANBORN, and THOMAS, Circuit Judges.


THOMAS, Circuit Judge.

These are patent infringement cases. The patented devices and the accused devices are the same in each. The cases were consolidated for trial and appeal and are presented here on a single record. For this reason they may appropriately be disposed of in one opinion.

The appeals by the defendants are from final decrees granting injunctions and judgments for damages. See opinion of the district court in 36 F.Supp. 664...

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