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ICYCLAIR, INC. v. NATIONAL POPSICLE CORPORATION

No. 8410.

94 F.2d 669 (1938)

ICYCLAIR, Inc., et al. v. NATIONAL POPSICLE CORPORATION.

Circuit Court of Appeals, Ninth Circuit.

February 2, 1938.

Attorney(s) appearing for the Case

Fred H. Miller and L. J. Styskal, both of Los Angeles, Cal., for appellants.

D. G. Albert, of Brooklyn, N. Y., and William S. Graham, of San Francisco, Cal. (J. Calvin Brown, of Los Angeles, Cal., of counsel), for appellees.

W. Glenn Harmon and J. Edward Johnson, both of San Francisco, Cal., amici curiæ.

Before WILBUR, MATHEWS, and HANEY, Circuit Judges.

WILBUR, Circuit Judge.

This is an appeal from an interlocutory decree entered in the District Court holding claims 1 and 2 of letters patent No. 1,470,524 granted to Harry B. Burt October 9, 1933, claims 1 and 7 of letters patent No. 1,718,997 granted to him July 2, 1929, claims 2, 3, 4, 5, 6 and 7 of letters patent No. 1,505,592 granted to Frank W. Epperson August 19, 1924, valid and infringed by appellants and enjoining future infringement.

The claimed invention...

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