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SEARS, ROEBUCK & CO. v. TALGE

No. 12659.

140 F.2d 395 (1944)

SEARS, ROEBUCK & CO. v. TALGE.

Circuit Court of Appeals, Eighth Circuit.

February 21, 1944.

Attorney(s) appearing for the Case

Harry W. Lindsey, Jr., and Raymond E. Fidler, both of Chicago, Ill. (Arthur C. Brown, Jr., and Claude A. Fishburn, both of Kansas City, Mo., on the brief), for appellant.

Thomas E. Scofield, of Kansas City, Mo., for appellee.

Before THOMAS and JOHNSEN, Circuit Judges, and OTIS, District Judge.

THOMAS, Circuit Judge.

Foster L. Talge as owner of the Hand (No. 105,071) and the Majewski (No. 105,335) design patents brought suit against Sears, Roebuck and Company for infringement of both patents. The answer denied infringement and alleged invalidity. The court found for the plaintiff on both issues and entered judgment against defendant, and this appeal followed.

The patents relate to household fruit juicers used to squeeze the juice from oranges, lemons...

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