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NATIONAL POPSICLE CORPORATION v. KROLL

Nos. 295, 296.

104 F.2d 259 (1939)

NATIONAL POPSICLE CORPORATION et al. v. KROLL et al. SAME v. LIPITZ et al.

Circuit Court of Appeals, Second Circuit.

May 8, 1939.

Attorney(s) appearing for the Case

Bachrach, Bachrach & Bisgyer, of Brooklyn, N. Y. (Herman S. Bachrach and Clarence G. Bachrach, both of Brooklyn, N. Y., and W. Lee Helms, of New York City, of counsel), for appellants.

Daniel G. Albert, of Brooklyn, N. Y. (Lewis Irving Horwitz, of Brooklyn, N. Y., and Richard J. Cowling, of New York City, of counsel), for appellees.

Before L. HAND, AUGUSTUS N. HAND, and PATTERSON, Circuit Judges.

PATTERSON, Circuit Judge.

The appeals are from orders holding the defendants in contempt and sentencing them to terms in prison. The two cases being alike, a statement of what happened in the Kroll case will serve for both. The plaintiffs brought suit in equity to enjoin the defendants from infringing patent to Epperson, 1,505,592. On consent of the defendants final decree was entered adjudging that the patent was valid and that the defendants had infringed, and restraining...

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