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NATIONAL POPSICLE CORP. v. ICYCLAIR

No. 9695.

119 F.2d 799 (1941)

NATIONAL POPSICLE CORPORATION v. ICYCLAIR, Inc.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 6, 1941.

Attorney(s) appearing for the Case

J. Calvin Brown, of Los Angeles, Cal., and William H. Mackay, of San Francisco, Cal. (Daniel G. Albert and Harvey C. Price, both of New York City, of counsel), for appellants.

Fred H. Miller, of Los Angeles, Cal., for appellees.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal from a judgment awarding appellees damages for appellees' lost profits caused by a preliminary injunction enjoining appellees from manufacturing and selling popsicles, a confection which appellants had claimed was covered by a patent, held to have been infringed by appellees in a prior decision of the district court. The case has been before us in Icyclair, Inc., et al., v. National Popsicle et al., 9 Cir.,

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