ZANGERLE & PETERSON CO. v. VENICE FURN. NOVELTY MFG. CO.

No. 8044.

133 F.2d 266 (1943)

ZANGERLE & PETERSON CO. v. VENICE FURNITURE NOVELTY MFG. CO.

Circuit Court of Appeals, Seventh Circuit.

January 26, 1943.


Attorney(s) appearing for the Case

J. Bernhard Thiess and Bertram Wm. Coltman, both of Chicago, Ill., for appellant.

Bernard A. Schroeder, Samuel A. Karlin, and George A. Chritton, all of Chicago, Ill., for appellee.

Before EVANS, MAJOR, and MINTON, Circuit Judges.


MINTON, Circuit Judge.

This is a suit to enjoin the infringement of a patent and to recover damages therefor; and in the alternative, for the same relief for alleged unfair competition. The trial court found the patent invalid and the charges as to unfair competition not sustained, and dismissed the complaint. The plaintiff appeals.

The first question we are required to decide is as to the validity of the patent. If the patent is valid, infringement is admitted...

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