BASEBALL DISPLAY CO. v. STAR BALLPLAYER COMPANY

Nos. 4030, 4143.

35 F.2d 1 (1929)

BASEBALL DISPLAY CO., Inc., et al. v. STAR BALLPLAYER COMPANY, Inc. STAR BALLPLAYER CO., Inc., v. BASEBALL DISPLAY CO., Inc., et al.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied October 17, 1929.


Attorney(s) appearing for the Case

Heine & Laird, Lindabury & Steelman, Zink & Lafferty, all of Newark, N. J., M. Casewell Heine and Andrew Steelman, both of Newark, N. J., for appellant.

Thos. J. Johnston, of New York City, (J. Granville Meyers, of New York City, of counsel), for appellee.

Before WOOLLEY and DAVIS, Circuit Judges, and RELLSTAB, District Judge.


WOOLLEY, Circuit Judge.

The District Court, having found the plaintiff's patent No. 1,321,940 valid and infringed (D. C.) 8 F.2d 46, referred the case to a master for accounting. After a sharp contest the master awarded the plaintiff $12,500 for profits, damages and interest. From the decree, which embodied the master's report without change, both parties have appealed; the plaintiff because the award is inadequate, the defendants...

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