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CASTRO CONVERTIBLE CORP. v. BEBRY BEDDING CORP.

Nos. 188, 189, Dockets 26209, 26210.

291 F.2d 306 (1961)

CASTRO CONVERTIBLE CORPORATION, Plaintiff-Appellee, v. BEBRY BEDDING CORPORATION, Defendant-Appellant. CASTRO CONVERTIBLE CORPORATION, Plaintiff-Appellee, v. R. H. MACY & CO., Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 24, 1961.

Attorney(s) appearing for the Case

Robert D. Spille, New York City (Curtis, Morris & Safford, John A. Mitchell, Arthur V. Smith, New York City, on the brief), for plaintiff-appellee.

Thomas J. Byrne, Jr., New York City (Keith, Bolger, Isner & Byrne, Paul S. Bolger, Robert E. Isner, New York City, on the brief), for defendant-appellant.

Before CLARK, WATERMAN and MOORE, Circuit Judges.

LEONARD P. MOORE, Circuit Judge.

Defendants, Bebry Bedding Corporation (Bebry) and R. H. Macy & Co., Inc. (Macy) appeal from a decree and order for injunction and accounting (judgment) wherein the trial court determined that plaintiff, Castro Convertible Corporation (Castro), is the owner of reissued Letters Patent No. 24,128 (reissue application date December 13, 1954; reissued March 13, 1956, replacing original Letters Patent No. 2,664,145 issued December 29...

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