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NATIONAL POPSICLE CORPORATION v. KROLL

Nos. 179, 180.

119 F.2d 378 (1941)

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

Circuit Court of Appeals, Second Circuit.

April 28, 1941.

Attorney(s) appearing for the Case

Daniel G. Albert, of New York City (Lewis Irving Horwitz, of New York City, of counsel), for appellants.

Clarence G. Bachrach and Bachrach, Bachrach & Bisgyer, all of Brooklyn, N. Y., for appellees.

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

PER CURIAM.

These are the second appeals in these two proceedings which are for contempt of a judgment entered by consent enjoining the infringement of a patent. Upon the first appeals (2 Cir., 104 F.2d 259) we held that the proceedings were civil under the test we had laid down in McCann v. New York Stock Exchange, 2 Cir., 80 F.2d 211; and we were for this reason forced to reverse the orders because...

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