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CONTINENTAL CASUALTY COMPANY v. BEARDSLEY

No. 174, Docket 24752.

253 F.2d 702 (1958)

CONTINENTAL CASUALTY COMPANY, Plaintiff-Appellee-Appellant, v. Hulbert T. E. BEARDSLEY and H. T. E. Beardsley, Inc., Defendants-Appellants-Appellees.

United States Court of Appeals Second Circuit.

Decided March 24, 1958.

Attorney(s) appearing for the Case

Leslie D. Taggart, of Watson, Leavenworth, Kelton & Taggart, New York City (Watson, Leavenworth, Kelton & Taggart, New York City, John Rex Allen, Chicago, Ill., Paul L. Latham, Chicago, Ill., and Robert C. Nicander, New York City, on the brief), for plaintiff-appellee-appellant.

Benjamin Busch, New York City (Sprague & Peck, Otto C. Sommerich, and Stuart Sprague, New York City, on the brief), for defendants-appellants-appellees.

Before HINCKS and LUMBARD, Circuit Judges, and DIMOCK, District Judge.

HINCKS, Circuit Judge.

These are cross-appeals arising out of a suit brought by Continental Casualty Company (Continental) which sought a declaratory judgment that defendants' copyrights were invalid together with an injunction, an accounting, and counsel fees. Continental also demanded damages for unfair competition and violation of the antitrust laws. The defendant, Beardsley,1 counterclaimed alleging infringement by Continental of his...

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