BENTLEY v. SUNSET HOUSE DISTRIBUTING CORP.

No. 19453.

359 F.2d 140 (1966)

John W. BENTLEY, Appellant, v. SUNSET HOUSE DISTRIBUTING CORP., etc., Appellee.

United States Court of Appeals Ninth Circuit.

March 25, 1966.


Attorney(s) appearing for the Case

William A. Kemmel, Jr., Los Angeles, Cal., for appellant.

Freeman & Blum, Ivon B. Blum, Beverly Hills, Cal., for appellee.

Before BARNES, JERTBERG and DUNIWAY, Circuit Judges.


DUNIWAY, Circuit Judge:

Bentley brought this action for unfair competition and for patent infringement under 35 U.S.C. § 281, asking treble damages, costs, and attorney's fees. The jury returned a general verdict for Bentley, assessing his damages at $4,581.60. The court granted defendant Sunset House's motion for judgment notwithstanding the verdict (Rule 50(c), F.R.Civ.P.), and also granted, conditionally, its motion for a new trial. Bentley appeals.

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