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LIVESAY WINDOW COMPANY v. LIVESAY INDUSTRIES

No. 16403.

251 F.2d 469 (1958)

LIVESAY WINDOW COMPANY, Inc., Appellant, v. LIVESAY INDUSTRIES, Inc., and Everett G. Livesay Window Company, Inc., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 19, 1958.

Attorney(s) appearing for the Case

Walter Humkey, Miami, Fla., Ralph L. Chappell, New York City, Hollis Rinehart, Miami, Fla., Kenyon & Kenyon, New York City, Fowler, White, Gillen, Yancey & Humkey, Rinehart & Gibbs, Miami, Fla., of counsel, for appellant.

J. M. Flowers, Henry M. Sinclair, Miami, Fla., for appellees.

Before RIVES, TUTTLE and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

Now back with us for the second time, Livesay Industries, Inc., v. Livesay Window Co., Inc., 5 Cir., 202 F.2d 378, after an extended trial before a Master whose findings were essentially adopted by the District Court, the questions1 concern (1) the basis for ascertainment of the damages as allowed for infringement down to the date, October 8, 1951, of the final decree;

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