National Popsicle Corp. v. Icyclair, Inc.
Opinion
Lead Opinion
Denman, J.
This is an appeal from a judgment awarding appellees damages for appellees’ lost profits caused by a preliminary injunction enjoining appellees from manufacturing and selling popsicles, a confection which appellants had claimed was covered by a patent, held to have been infringed by appellees in a prior decision of the district court. The case has been before us in Icyclair, Inc., et al., v. National Popsicle et al., 9 Cir., 94 F.2d 669 , in which we reversed that decision of the lower court and held there was no cause of action for enjoining appellees.
After our mandate was returned to the district court, the matter of the claim of appellees for damages arising from the preliminary injunction was referred to a master. The master conducted a hearing, received evidence, and made a report with a general finding of damages for appellees’ lost profits caused by the injunction in the *800 amount of $18,946.50, and recommended a judgment in the sum of $15,000, the amount of a bond given by appellants on the granting of the injunction. The court adopted the master’s report and ordered it to stand as the court’s findings of fact and conclusions of law.