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POPSICLE CORPORATION v. GOOD HUMOR CORPORATION

Nos. 4960, 4973.

66 F.2d 659 (1933)

POPSICLE CORPORATION OF THE UNITED STATES et al. v. GOOD HUMOR CORPORATION OF AMERICA. GOOD HUMOR CORPORATION OF AMERICA v. POPSICLE CORPORATION OF THE UNITED STATES et al.

Circuit Court of Appeals, Third Circuit.

August 7, 1933.

Attorney(s) appearing for the Case

Fish, Richardson & Neave, of New York City (Charles F. Curley, of Wilmington, Del., Ira Skutch and Merrell E. Clark, both of New York City, and Daniel O. Hastings, of Wilmington, Del., of counsel), for Popsicle Corporation of America et al.

Thomas G. Haight, of Jersey City, N. J., John F. Robb, of Cleveland, Ohio, and Arthur G. Logan, of Wilmington, Del., for Good Humor Corporation of America.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

These are cross-appeals from an interlocutory decree preliminary enjoining, and failing to enjoin, the defendants from practices which, it is alleged, constitute violations of a license agreement and hence infringements of the plaintiff's patents. Relying upon the opinion of the trial court (59 F.2d 344) for a detailed statement of the facts, the following will be enough to bring into view the issues presently...

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