ESKIMO PIE CORPORATION v. LEVOUS

No. 3994.

35 F.2d 120 (1929)

ESKIMO PIE CORPORATION v. LEVOUS et al.

Circuit Court of Appeals, Third Circuit.

October 3, 1929.


Attorney(s) appearing for the Case

Everett & Rook, of Newark, N. J. (Amasa C. Paul, of Minneapolis, Minn., Thos. G. Haight, of Jersey City, N. J., and Henry B. Floyd, of Washington, D. C., of counsel), for appellant.

John C. Kerr, Hoguet & Neary, and Warren B. Hutchinson, all of New York City, for appellees.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


DAVIS, Circuit Judge.

This is an appeal from a decree of the District Court dismissing the bill of complaint on the ground that United States letters patent No. 1,404,539 for improvements in confections, issued to C. K. Nelson on January 24, 1922, was invalid for lack of invention.

The bill also alleged unfair competition in trade and trade-mark infringement, but no error has been assigned to the decree except as to...

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