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G. B. LEWIS COMPANY v. GOULD PRODUCTS, INC.

Nos. 159-162, Dockets 33299-33302.

436 F.2d 1176 (1971)

G. B. LEWIS COMPANY et al., Plaintiffs-Appellants, v. GOULD PRODUCTS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 12, 1971.

Attorney(s) appearing for the Case

James G. Staples, Chicago, Ill. (Parker, Carter & Markey, Chicago, Ill., Joseph D. Garon, William A. Victor, Brumbaugh, Graves, Donohue & Raymond, New York City, of counsel), for plaintiffs-appellants.

Edward B. Hunter, New York City (Nolte & Nolte, New York City, of counsel), for defendant-appellee.

Before MOORE, FRIENDLY and ADAMS, Circuit Judges.

FRIENDLY, Circuit Judge:

Plaintiff G. B. Lewis Company1 manufactures and markets, under the trade name Plastibox, a line of plastic bins, whose design as a "combination storing and stacking case," is allegedly covered by United States Design Letters Patent No. 191,144, issued to Gunter Schanz.2 It brought an action for patent infringement in the District Court for the Eastern District of New York, pursuant...

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