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KARDULAS v. FLORIDA MACHINE PRODUCTS COMPANY

No. 29514.

438 F.2d 1118 (1971)

Rena KARDULAS, Plaintiff-Appellee, v. FLORIDA MACHINE PRODUCTS COMPANY, R. C. Products, Inc., and John M. Dudinsky, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 25, 1971.

Attorney(s) appearing for the Case

T. Paine Kelly, Jr., Tampa, Fla., for defendants-appellants.

Owen Rice, Jr., Tampa, Fla., for plaintiff-appellee.

Before TUTTLE, DYER and SIMPSON, Circuit Judges.

DYER, Circuit Judge:

Defendant, Florida Machine Products Company, made and sold hair roller holders which admittedly infringed United States Patent No. 3,128,882, entitled "Hair Roller Holder," invented and owned by plaintiff, Rena Kardulas.1 The District Court found the patent valid and infringed. Defendant appeals only from the judgment of validity. We reverse because of the exclusion of relevant...

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