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GLEN RAVEN KNITTING MILLS v. SANSON HOSIERY MILLS

No. 6218.

189 F.2d 845 (1951)

GLEN RAVEN KNITTING MILLS, Inc. v. SANSON HOSIERY MILLS, Inc. et al.

United States Court of Appeals, Fourth Circuit.

Decided May 11, 1951.

Attorney(s) appearing for the Case

Joseph G. Denny, Jr., Philadelphia, Pa. (Thornton H. Brooks, L. P. McLendon, and Brooks, McLendon, Brim & Holderness all of Greensboro, N. C., on the brief) for appellant.

Henry N. Paul, Jr., Philadelphia, Pa. (Robert B. Frailey, Philadelphia, Pa., Julius C. Smith, Armistead W. Sapp, Greensboro, N. C., Paul & Paul, Philadelphia, Pa., and Smith, Sapp, Moore & Smith, Greensboro, N. C., on the brief) for appellees.

Before PARKER, SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

This is a suit for infringement of a design patent for an ornamental design on women's hosiery. The defense challenges the validity, denies infringement and alleges non-enforceability of the patent because of abuse of the monopoly. The evidence shows that the contentions of noninfringement and abuse of monopoly are utterly lacking in merit; the trial court so held; and we shall confine ourselves chiefly in this appeal to the question of validity...

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