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PACIFIC CAGE & SCREEN CO. v. CONTINENTAL CAGE CORP.

No. 15454.

259 F.2d 87 (1958)

PACIFIC CAGE & SCREEN CO., a corporation, Pet Dealers Supply Company, a corporation, Merchants Pet Supply Company, a corporation, and John Middelkoop, Appellants, v. CONTINENTAL CAGE CORPORATION, Appellee.

United States Court of Appeals Ninth Circuit.

Supplemental Opinion May 5, 1958.

Attorney(s) appearing for the Case

Hazard & Miller, Allan D. Mockabee, Fred H. Miller, Los Angeles, Cal., for appellant.

Thomas P. Mahoney, Los Angeles, Cal., for appellee.

Before FEE, CHAMBERS and BARNES, Circuit Judges.

PER CURIAM.

This is an appeal from an order of the District Court granting a preliminary injunction against defendants in a suit charging them with infringement of a design patent for a bird cage. The record presently before us does not indicate that the appeal is properly taken.

The patent in suit, United States Letters Patent No. Design 177,326, issued to Sidney Herman for "Bird Cage." The patent was granted April 3, 1956. This action was filed June 22,...

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