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REPUBLIC MOLDING CORPORATION v. B. W. PHOTO UTILITIES

Nos. 17433-17435.

319 F.2d 347 (1963)

REPUBLIC MOLDING CORPORATION, Appellant, v. B. W. PHOTO UTILITIES, doing business as B. W. Molded Plastics, Appellee. REPUBLIC MOLDING CORPORATION, Appellant, v. ALLADIN PLASTICS, INC., Appellee. REPUBLIC MOLDING CORPORATION, Appellant, v. GOTHAM INDUSTRIES, INC., Appellee.

United States Court of Appeals Ninth Circuit.

June 19, 1963.

Attorney(s) appearing for the Case

Lyon & Lyon, Leonard S. Lyon, Jr., and Roland N. Smoot, Los Angeles, Cal., Mason, Kolehmainen, Rathburn & Wyss, M. Hudson Rathburn, and Clemens Hufmann, Chicago, Ill., for appellant.

Mason & Graham, Collins Mason and William R. Graham, Los Angeles, Cal., for appellee B. W. Photo Utilities.

Bernard Kriegel and Jerrold A. Fadem, Los Angeles, Cal., for appellee Alladin Plastics, Inc.

Silverman, Mullin & Cass, Eli Mullin, Chicago, Ill., Harris, Kiech, Russell & Kern, and Donald C. Russell, Los Angeles, Cal., for appellee Republic Molding Corp.

Before CHAMBERS, HAMLEY and MERRILL, Circuit Judges.

MERRILL, Circuit Judge.

In these three cases, consolidated for trial before the district court, Republic Molding Corporation seeks recovery of damages for patent infringement and unfair competition. Upon appeal, the question presented is whether the district court erred in holding, in all three cases, that appellant's unclean hands barred relief.

The subject of Republic's patents is a plastic vegetable bin, marketed...

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