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PECORA v. MODERN SANITARY DAIRIES OF PENNSYLVANIA

No. 7099.

108 F.2d 313 (1939)

PECORA et al. v. MODERN SANITARY DAIRIES OF PENNSYLVANIA, Inc.

Circuit Court of Appeals, Third Circuit.

December 4, 1939.

Attorney(s) appearing for the Case

C. Brewster Rhoads, John F. Headly, and G. A. Wilderman, all of Philadelphia, Pa. (Montgomery & McCracken, of Philadelphia, Pa., of counsel), for appellants.

Frank S. Busser and Hayward H. Coburn, both of Philadelphia, Pa. (Busser & Harding, of Philadelphia, Pa., of counsel), for appellee.

Before BIDDLE, JONES, and BUFFINGTON, Circuit Judges.

BUFFINGTON, Circuit Judge.

This design patent case concerns a glass milk bottle. Such bottle is made in accord with the design shown in patent No. 98,609 for a milk bottle and here reproduced.

These "baby bottles" proved popular and the finding of the trial court is that "the plaintiffs' bottle has been placed upon the market and approximately a million bottles had been sold at the time suit was brought." Thereafter defendant was granted design patent...

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