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ICYCLAIR, INC. v. DISTRICT COURT OF UNITED STATES, ETC.

No. 8723.

93 F.2d 625 (1937)

ICYCLAIR, Inc., et al. v. DISTRICT COURT OF UNITED STATES FOR SOUTHERN DISTRICT OF CALIFORNIA, CENTRAL DIVISION.

Circuit Court of Appeals, Ninth Circuit.

December 18, 1937.

Attorney(s) appearing for the Case

Fred H. Miller and Charles C. Montgomery, both of Los Angeles, Cal., for petitioners.

J. Calvin Brown, of Los Angeles, Cal., Daniel G. Albert, of Brooklyn, N. Y., and Wm. S. Graham, of San Francisco, Cal., for respondent.

Before WILBUR, MATHEWS, and HANEY, Circuit Judges.

MATHEWS, Circuit Judge.

In the District Court of the United States for the Southern District of California, the National Popsicle Corporation and two other plaintiffs brought a suit in equity against Icyclair, Incorporated, and another defendant for the infringement of letters patent owned by plaintiffs. Defendants answered, alleging invalidity of the patents and denying infringement.

The District Court heard the case and on September 11, 1935, entered its...

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