COLEMAN COMPANY v. HOLLY MANUFACTURING COMPANY

No. 16141.

269 F.2d 660 (1959)

COLEMAN COMPANY, Inc., a corporation, Appellant, v. HOLLY MANUFACTURING COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

August 25, 1959.


Attorney(s) appearing for the Case

Parker, Stanbury, Reese & McGee, Raymond G. Stanbury, Los Angeles, Cal., Timothy L. Tilton, Dawson, Tilton, Fallon & Lungmus, Chicago, Ill., John F. Eberhardt, Foulston, Siefkin, Schoeppel, Bartlett & Powers, Wichita, Kan., of counsel, for Coleman Co., Inc.

Christie, Parker & Hale, James B. Christie, C. Russell Hale, Pasadena, Cal., Richard B. Hoegh, Los Angeles, Cal., of counsel, for Holly Mfg. Co.

Before CHAMBERS and JERTBERG, Circuit Judges, and ROSS, District Judge.


ROSS, District Judge.

After a patent has been adjudged valid and infringed, as has been done in the case before us, the question of damages for that infringement is necessarily one of detail.

In such an appeal, there presses upon the reviewing court, with more than the usual insistence, the immemorial canon that, given substantial evidence to support its judgment, the trial court must have its way.

Such is the situation that confronts us here.

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