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HOLLYWOOD-MAXWELL CO. v. STREET'S OF TULSA

No. 4016.

183 F.2d 261 (1950)

HOLLYWOOD-MAXWELL CO. v. STREET'S OF TULSA et al.

United States Court of Appeals Tenth Circuit.

June 22, 1950.

Attorney(s) appearing for the Case

John Flam, Los Angeles, Cal. (Paul Dudley, Oklahoma City, Okl. and C. M. McKnight, Tulsa, Okl., were on the brief with him), for appellant.

Frank L. Durr, New York City (Orville N. Greene, New York City, and David R. Milsten, Tulsa, Okl., were with him on the brief), for appellees.

Before BRATTON, MURRAH and PICKETT, Circuit Judges.

MURRAH, Circuit Judge.

Appellant sued for infringement of its patent 1,997,995 (filed 1933 and issued to J. R. Bowen in 1935), relating to a brassiere designed to hold the breasts firmly in a conical shaped upright position, so as to lend attractiveness to the female figure. The prayer was for a decree of validity, infringement, and the usual injunctive relief. The trial court first held the patent valid and infringed. On remand for further evidence, however, the...

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