HOWELL CO. v. ROYAL METAL MFG. CO.

No. 6339.

93 F.2d 112 (1937)

HOWELL CO. v. ROYAL METAL MFG. CO.

Circuit Court of Appeals, Seventh Circuit.

December 14, 1937.


Attorney(s) appearing for the Case

Samuel W. Banning and Ephraim Banning, both of Chicago, Ill., for appellant.

Charles B. Cannon (of Belt, Wallace & Cannon), of Chicago, Ill., for appellee.

Before SPARKS, Circuit Judge, and LINDLEY and BALTZELL, District Judges.


LINDLEY, District Judge.

Plaintiff brought suit in the District Court to restrain infringement of design patent No. D-96183 of July 9, 1935, to Hoffman for a chair. The master to whom the cause was referred held the patent invalid, and the District Court approved the report and dismissed the bill for want of equity.

The patent includes prospective views from the top, side, and front of a chair, said to be modernistic in design; the claim being for "the ornamental...

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