W. H. MINER, INC. v. PEERLESS EQUIPMENT CO.

Nos. 7313, 7446.

115 F.2d 650 (1940)

W. H. MINER, Inc., v. PEERLESS EQUIPMENT CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied November 27, 1940.


Attorney(s) appearing for the Case

F. Allan Minne and Frank M. Warden, both of Chicago, Ill., and D. P. Wolhaupter, of Washington, D. C., for appellant.

George I. Haight, Henry Fuchs, and Edward A. Haight, all of Chicago, Ill., for appellee.

Before SPARKS and MAJOR, Circuit Judges, and LINDLEY, District Judge.


LINDLEY, District Judge.

Defendant appeals from a judgment upon accounting allowing plaintiff damages for infringement previously adjudged in this court in Peerless Equipment Co. v. W. H. Miner, Inc., 7 Cir., 93 F.2d 98, 105. Defendant contends that plaintiff did not establish a basis for recovery of damages; that the District Court failed to charge defendant's profits from sales of infringing devices with the proper proportion of...

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