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NATIONAL SPONGE CUSHION CO. v. RUBBER CORP. OF CAL.

No. 16562.

286 F.2d 731 (1961)

NATIONAL SPONGE CUSHION CO., Inc., a corporation, Appellant, v. RUBBER CORPORATION OF CALIFORNIA, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 21, 1961.

Attorney(s) appearing for the Case

C. G. Stratton, Louis M. Welsh, Los Angeles, Cal., for appellant.

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

Before STEPHENS, POPE and JERTBERG, Circuit Judges.

POPE, Circuit Judge.

The appellant, owner of Harwin Patent No. 2,740,739, for Carpet Underlay, brought this action against the appellee charging infringement of its patent and seeking damages therefor. After issue joined, the case was tried to a jury which returned a verdict for the plaintiff. Thereafter the court granted defendant's motion for judgment notwithstanding the verdict under Rule 50(b) of Federal Rules of Civil Procedure, 28 U.S.C.A., and entered judgment...

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