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CUSTOM UNDERGARMENT CORPORATION v. R. H. MACY & CO.

No. 192.

140 F.2d 197 (1944)

CUSTOM UNDERGARMENT CORPORATION et al. v. R. H. MACY & CO., Inc. (JACK BECKERMAN, Inc., Intervener).

Circuit Court of Appeals, Second Circuit.

February 3, 1944.

Attorney(s) appearing for the Case

Mildred B. Teamer, pro se.

Samuel E. Darby, Jr., and Darby & Darby, all of New York City (Walter A. Darby, of New York City, of counsel), for appellees.

Before L. HAND, CHASE, and FRANK, Circuit Judges.

CHASE, Circuit Judge.

This action was brought in the District Court for the Southern District of New York by Custom Undergarment Corporation, the exclusive licensee, and by Mildred B. Teamer, the owner and patentee, for a temporary and permanent injunction and to recover damages for the alleged infringement of U. S. Patent No. 2,221,851 granted November 19, 1940, for a gown. The original defendant, R. H. Macy & Co., Inc., admittedly sold the accused garment after...

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