Pacific Cage & Screen Co. v. Continental Cage Corporation

259 F.2d 87 119 U.S.P.Q. 338 PACIFIC CAGE & SCREEN CO., a corporation, Pet Dealers Supply Company, a corporation, Merchants Pet Supply Company, a corporation, and John Middelkoop, Appellants, v. CONTINENTAL CAGE CORPORATION, Appellee. No. 15454. United States Court of Appeals Ninth Circuit. Feb. 28, 1958. Supplemental Opinion May 5, 1958. Hazard & Miller, Allan D. Mockabee, Fred H. Miller, Los Angeles, Cal., for appellant. Thomas P. Mahoney Los Angeles, Cal., for appellee. Before FEE, CHAMBERS and BARNES, Circuit Judges. PER CURIAM. 1 This is an appeal from an order of the District Court granting a preliminary injunction against defendants in a suit charging them with infringement of a design patent for a bird cage. The record presently before us does not indicate that the appeal is properly taken. 2 The patent in suit, United States Letters Patent No. Design 177,326, issued to Sidney Herman for 'Bird Cage.' The patent was granted April 3, 1956. This action was filed June 22, 1956. Motion was made based upon affidavits for preliminary injunction concurrently with the filing of the complaint. Hearing was had on affidavits and exhibits without oral testimony so far as the…