Himalayan Industries & Richard G. Mack v. Gibson Manufacturing Co. & Colin C. Gibson, Himalayan Industries & Richard G. MacK Plaintiffs-Cross-Appellees v. Gibson Manufacturing Co. & Colin C. Gibson, Plaintiffs-Cross-Appellants

434 F.2d 403 HIMALAYAN INDUSTRIES & Richard G. Mack, Plaintiffs-Appellants, v. GIBSON MANUFACTURING CO. & Colin C. Gibson, Defendants-Appellees. HIMALAYAN INDUSTRIES & Richard G. Mack, Plaintiffs-Cross-Appellees, v. GIBSON MANUFACTURING CO. & Colin C. Gibson, Plaintiffs-Cross-Appellants. No. 23295. No. 23301. United States Court of Appeals, Ninth Circuit. November 9, 1970. Henry Gifford Hardy (argued), San Francisco, Cal., for appellants. Bruce W. Schwab (argued), Boyken, Mohler, Foster & Regan, San Francisco, Cal., for appellees. Before MERRILL and DUNIWAY, Circuit Judges, and POWELL, District Judge * . DUNIWAY, Circuit Judge: 1 Himalayan Industries, et al., plaintiffs, appeal from a judgment ordering that the plaintiffs pay attorneys' fees to defendants Gibson Manufacturing Co., et al. The judgment was entered after the court had ordered the action dismissed for want of prosecution. Defendants cross appeal. We affirm. 2 The action, in which plaintiffs charged defendants with patent and trademark infringement and unfair competition, was filed on March 11, 1963. Defendants answered and counter-claimed, asserting invalidity of the patent. On May 16, 1963,…