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ROBERT W. BROWN & CO. v. DE BELL

No. 15128.

243 F.2d 200 (1957)

ROBERT W. BROWN & CO., Inc., Robert W. Brown and Olive W. Brown, Appellants, v. Leonard DE BELL (substituted for United States License Frame Mfg. Co.), Appellee.

United States Court of Appeals Ninth Circuit.

April 5, 1957.

Attorney(s) appearing for the Case

Lyon & Lyon, John B. Young, Los Angeles, Cal., for appellants.

Fulwider, Mattingly & Huntley, Robert W. Fulwider, Los Angeles, Cal., William K. Young, Los Angeles, Cal., for appellee.

Before STEPHENS and HAMLEY, Circuit Judges, and CLARK, District Judge.

HAMLEY, Circuit Judge.

This is an appeal from a judgment for plaintiff in a suit for infringement of design patent No. D-167,878. The questions presented on appeal are whether the trial court erred in holding the patent valid, and in ruling that the patent had been infringed by appellants.

The design in question is for an automobile license plate holder. It was prepared by Joseph C. Bessolo early in 1948. Shortly thereafter, United States License Frame Mfg...

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