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WESTCOTT HOSIERY MILLS v. RICH'S

No. 6674.

65 F.2d 453 (1933)

WESTCOTT HOSIERY MILLS v. RICH'S, Inc., et al.

Circuit Court of Appeals, Fifth Circuit.

May 24, 1933.

Attorney(s) appearing for the Case

Robt. C. Alston, of Atlanta, Ga., James A. McFarland, of Dalton, Ga., Hubert Howson, H. A. Howson, and Charles Neave, all of New York City, for appellant.

Wallace White, of New York City, and Harold Hirsch and Marion Smith, both of Atlanta, Ga., Hugh M. Morris, of Wilmington, Del., and Justin L. Fearing, and Charles J. Hardy, both of New York City, for appellees.

Before BRYAN, FOSTER, and WALKER, Circuit Judges.

FOSTER, Circuit Judge.

Appellant as assignee of letters patent No. 1,759,561, issued to David H. Young, May 20, 1930, brought two suits against appellees to enjoin infringement and for an accounting. The patent is for a knitted fabric, particularly with relation to stockings. The infringement complained of was solely in relation to the manufacture of silk stockings. Appellees admitted infringement, but denied validity of the patent for want of novelty and invention...

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