FLORIDA BRACE CORPORATION v. BARTELS

No. 19055.

332 F.2d 337 (1964)

FLORIDA BRACE CORPORATION and Arthur R. Moore, Appellants, v. William L. BARTELS and Prosthetic & Orthopedic Supply Co., Appellees.

United States Court of Appeals Ninth Circuit.

May 23, 1964.


Attorney(s) appearing for the Case

Edwin J. Welsh, Portland, Or., Aaron R. Townshend, Washington, D. C., for appellants.

Ramsey, Kolisch & Hartwell, J. Pierre Kolisch, Portland, Or., for appellees.

Before BARNES, MERRILL and BROWNING, Circuit Judges.


BARNES, Circuit Judge:

This is an appeal from a judgment of the district court denying recovery to appellants for the alleged infringement by appellees of Moore Patent No. 2,801,630, and awarding attorneys' fees of $10,000 to appellees. The patent was upon a cervical collar, which permitted adjustments in height and to a lesser extent, in conformation to the body measurements of a wearer of the well known "Thomas Collar."

Jurisdiction below rested upon 28...

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