Day-Brite Lighting, Inc. v. Ruby Lighting Corp.

Ninth Circuit Court of Appeals

August 9, 1951.

Ninth Circuit Court of Appeals · decided 1951-08-09

Cited by 8 later decisions — most recently April 1968

7 federal appellate ·

2 counsel of record

Relies on Scott v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1951-08-09

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Carr & Carr & Gravely, Joseph J. Gravely, St. Louis, Mo., Harris, Kiech, Foster & Harris, Ward D. Foster, Los Angeles, Cal., for appellant.

C. A. Miketta and W. W. Glenny, Los Angeles, Cal., for appellee.

Before DENMAN, Chief Judge, HEALY, Circuit Judge, and GOODMAN, District Judge.

PER CURIAM.

¶1

The judgment is affirmed on the findings of fact and conclusions of law of the district court, except as to the judgment for attorneys' fees. There is no showing or finding of unfairness or bad faith in the conduct of the losing party nor any other equitable consideration of similar force which makes it grossly unfair that the winner of this lawsuit be left to bear the burden of his own counsel fees which prevailing litigants normally bear, to bring the award within the discretionary power conferred in 35 U.S.C.A. § 70. Park-In-Theatres, Inc. v. Perkins, 9 Cir., 190 F.2d 137.

¶2

The judgment is reversed in so far as it awards attorneys' fees in the sum of $3,000.