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GARTER-BARE CO. v. MUNSINGWEAR, INC.

No. 75-3826.

622 F.2d 416 (1980)

GARTER-BARE COMPANY, an Unincorporated Association (a limited partnership), and Knut L. Bjorn-Larsen, Plaintiffs-Appellants, v. MUNSINGWEAR, INC., a corporation, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 17, 1980.

Attorney(s) appearing for the Case

Robert W. Driscoll, John E. Wagner, Lillian Tomich, San Marino, Cal., for plaintiffs-appellants.

Robert T. Edell, Minneapolis, Minn., argued, for defendants-appellees; Gregory L. Roth, Minneapolis, Minn., on brief.

Before CHAMBERS, ELY and WALLACE, Circuit Judges.

CHAMBERS, Circuit Judge:

In 1963 appellant Bjorn-Larsen applied for, and in 1966 he was granted, a patent for a "double layer" method of constructing ladies' girdles so as to eliminate the necessity for metal or other garters (Patent No. 3,253,599—hereinafter No. '599). His device had a double layer of fabric on the leg of the garment, with friction elements placed in the interior. When the stocking top was inserted into this fabric enclosure, the friction...

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