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NAIVETTE v. BISHINGER

Nos. 5945, 5946.

61 F.2d 433 (1932)

NAIVETTE, Inc., v. BISHINGER et al. HEROLD BROS. CO. v. PHILAD CO. et al.

Circuit Court of Appeals, Sixth Circuit.

October 12, 1932.

Attorney(s) appearing for the Case

W. B. Morton, of New York City (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 appellants.

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

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.

SIMONS, Circuit Judge.

The four patents in suit, all held valid and infringed by the District Court, relate to the so-called "permanent" hair waving art. The appeals, while involving separate plaintiffs and defendants, are from decisions below in cases arising out of the same alleged act of infringement, tried as one, and argued and briefed together on review. The Herold Brothers Company is a dealer, and acquired the devices which it sold from Naivette, Inc. The patents...

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