SIEGERT v. EISEMAN. SAME v. SEVENTEEN OTHERS.
(Circuit Court, S. D. New York.
May 16, 1907.)
Motion for interlocutory decree, granting ihjunction and reference to a master to take proof of damages and profits, made under stipulation.
Arthur Furber, for the motion. John Brooks Leavitt, opposed.
[MAJORITY — LACOMBE, Circuit Judge.]
LACOMBE, Circuit Judge.
The “event of the Gandolfi action” was a finding that plaintiff was entitled to the full measure of relief accorded in such cases. The stipulation secures a like relief as against the other infringers, which is not lost by the circumstance that in Gandolfi suit complainant, after the event of that action, chose to waive prosecution of claim for profits and damages against Gandolfi. Motions granted.