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L. S. DONALDSON COMPANY v. LA MAUR, INC.

Nos. 16753, 16754.

299 F.2d 412 (1962)

L. S. DONALDSON COMPANY and G. Barr and Company, Appellants, v. LA MAUR, INC., Appellee. LA MAUR, INC., Appellant, v. G. BARR AND COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied March 19, 1962.

Attorney(s) appearing for the Case

Harold D. Field, Jr., Minneapolis, Minn., for LaMaur, Inc.; Sidney Barrows and Leonard, Street & Deinard, Minneapolis, Minn., with him on the brief.

Dean Laurence, Washington, D. C., for L. S. Donaldson and G. Barr & Co.; Herbert I. Sherman, Washington, D. C., with him on the brief.

Lee Bearman, of Levitt, Palmer & Rogers, Minneapolis, Minn., and Richard Whiting, of Davis, Hoxie, Faithfull & Hapgood, New York City, filed brief on behalf of Rayette, Inc., amicus curiae.

Before SANBORN and VAN OOSTERHOUT, Circuit Judges, and GRAVEN, District Judge.

GRAVEN, Senior District Judge.

In the present action the plaintiff below, La Maur, Inc., charged the defendants below, L. S. Donaldson Company and G. Barr and Company, with patent infringement. It also charged the latter defendant with the misappropriation of a trade secret. The subject matter of the controversy is an aerosol hair spray. The trial was to the Court without a jury. The trial court held that the patent involved was valid and that it had been infringed...

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