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GARTER-BARE CO. v. MUNSINGWEAR, INC.

No. 75-3826.

650 F.2d 975 (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.

As Amended on Denial of Rehearing June 5, 1980.

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.

As Amended on Denial of Rehearing June 5, 1980. (Appellants.)

Rehearing Denied July 17, 1980. (Appellees.)

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...

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