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NAIVETTE v. PHILAD CO.

No. 5794.

54 F.2d 623 (1931)

NAIVETTE, Inc., v. PHILAD CO. et al.

Circuit Court of Appeals, Sixth Circuit.

May 15, 1931.

Attorney(s) appearing for the Case

Marston Allen, of Cincinnati, Ohio (Pennie, Davis, Marvin & Edmonds, of New York City, Kwis, Hudson & Kent, of Cleveland, Ohio, and W. Brown Morton and E. H. Merchant, both of New York City, on the brief), for appellant.

Morris Kirschstein, of New York City (Harvey R. Hawgood, Hawgood & Van Horn, and T. Paul Titus, all of Cleveland, Ohio, on the brief), for appellees.

Before DENISON, HICKS, and HICKENLOOPER, Circuit Judges.

PER CURIAM.

Appellees brought in the court below against appellant the usual suit for patent infringement. Appellant answered denying validity and infringement; and continued its answer with several paragraphs stating a counterclaim based on unfair competition by the plaintiff against the defendant. This answer concluded with a paragraph praying that the bill be dismissed, that an injunction be issued against plaintiffs to restrain this unfair competition, and that...

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