ENSTEN v. SIMON, ASCHER & CO.

No. 46.

282 U.S. 445 (1931)

ENSTEN ET AL. v. SIMON, ASCHER & COMPANY, INCORPORATED.

Supreme Court of United States.

Decided February 2, 1931.


Attorney(s) appearing for the Case

Messrs. O. Ellery Edwards and Harold Elno Smith for petitioners.

Mr. John F. Neary, with whom Messrs. Harry S. Bandler, Ramsey Hoguet, and Daniel L. Morris were on the brief, for respondent.

Messrs. Benjamin T. Roodhouse, James A. Brown, and Charles Neave, by special leave of Court, filed a brief on behalf of the Excelsior Steel Furnace Company, as amicus curiae.


Mr. JUSTICE McREYNOLDS delivered the opinion of the Court.

By an original bill presented to the District Court, Southern District of New York, November 9, 1929, petitioners sought to prevent respondent from further infringing Letters Patent No. 1,313,080, for improvements in knitted caps and to recover damages. They asked a preliminary injunction; affidavits were presented by both sides; the facts are not controverted.

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