Legal Opinion
Himalayan Industries v. Gibson Manufacturing Co.
Court of Appeals for the Ninth Circuit
Decided November 9, 1970No. Nos. 23295, 23301PublishedCited by 4 opinions
1Opinion of the Court
DUNIWAY, Circuit Judge:
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.
The action,- in which plaintiffs charged defendants with patent and trademark infringement and unfair competition, was filed on March 11, 1963. Defendants answered and counterclaimed, asserting invalidity of the patent. On May 16, 1963, plaintiffs answered the counterclaim.…
2Cases cited4 opinions
- Gay v. RuffSupreme Court of the United States · 1934
- Ruff v. GayCourt of Appeals for the Fifth Circuit · 1933
- Margaret Davis v. Pauline D. McLaughlin Administratrix of the Estate of Ingram M. Stainback, DeceasedCourt of Appeals for the Ninth Circuit · 1964
- K. H. Choy v. Butler's, Inc., a Corporation and Clifford MarksCourt of Appeals for the Ninth Circuit · 1962
3Cited by4 opinions
- Joann Zaddack v. A.B. Dick CompanyCourt of Appeals for the Seventh Circuit · 1985
- Devault v. Steven L. HerndonIdaho Supreme Court · 1984
- Devault v. Steven L. HerndonIdaho Supreme Court · 1984
- 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-AppellantsCourt of Appeals for the Ninth Circuit · 1970