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H. W. GOSSARD CO. v. LOEBER'S, INC.

No. 6995.

114 F.2d 166 (1940)

H. W. GOSSARD CO. v. LOEBER'S, Inc. LOEBER'S HAIR GOODS CO. et al. v. H. W. GOSSARD CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied September 24, 1940.

Attorney(s) appearing for the Case

Samuel E. Darby and Floyd H. Crews, both of New York City, and Lowell C. Noyes, of Chicago, Ill., for appellants.

Hugh M. Morris, of Wilmington, Del., Frederick Burnham, of Chicago, Ill., and Donald Malcolm, of New York City, for appellee.

Before SPARKS and TREANOR, Circuit Judges, and WOODWARD, District Judge.

SPARKS, Circuit Judge.

Appellee charged Loeber's, Inc., with infringement of two patents to Cunningham, numbered respectively 1,859,198 and 1,899,890. They are referred to hereafter as the first and second Cunningham patents.

Shortly thereafter appellants filed a suit in the same District Court to restrain appellee from prosecution of the first suit, or any other patent infringement suit based on the first Cunningham patent. These cases were consolidated for...

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