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PHILADELPHIA BRIEF CASE CO. v. SPECIALTY LEATHER PRODUCTS CO.

No. 12116.

242 F.2d 511 (1957)

PHILADELPHIA BRIEF CASE CO., a Partnership Comprising William Finkelstein, Joseph Finkelstein, Leonard Kolker (Plaintiffs), Appellants, Edward Rockman, Jerome W. Epton, Max E. Levin, Abe Romolt, and National Leather Handle Co., of Chicago, Illinois (Unwilling Plaintiffs) v. SPECIALTY LEATHER PRODUCTS CO., Inc., (Defendant), Appellee.

United States Court of Appeals Third Circuit.

Decided March 27, 1957.

Rehearing Denied April 22, 1957.

Attorney(s) appearing for the Case

Harry Langsam, Philadelphia, Pa. (Stanley Bilker, Philadelphia, Pa., Harold Markowitz, Newark, N. J., on the brief), for appellants.

Norman N. Popper, Newark, N. J., for appellee.

Before MARIS, McLAUGHLIN and KALODNER, Circuit Judges.

PER CURIAM.

This is an appeal by the plaintiffs in a patent infringement suit from a judgment entered by the District Court for the District of New Jersey in favor of the defendant. The plaintiffs were licensees of the patent and they had joined the owners of the patent as unwilling plaintiffs in the suit. Having found from the uncontradicted evidence that the plaintiffs' real purpose in bringing the suit was not to support and enforce the patent but rather to secure...

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