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HELENE CURTIS INDUSTRIES v. SALES AFFILIATES

131 F.Supp. 119 (1955)

HELENE CURTIS INDUSTRIES, Inc. and Helene Curtis Sales, Inc., Plaintiffs, C. V. Layden, doing business as South-western Beauty Products Company, Plaintiff-Intervener, v. SALES AFFILIATES, Inc., Defendant. The GILLETTE COMPANY, Plaintiff, Skillern & Sons, Inc. and Walgreen Drug Company of Texas, Plaintiffs-Interveners, v. SALES AFFILIATES, Inc., Defendant. SALES AFFILIATES, Inc., Plaintiff, The Proctor & Gamble Company, Involuntary Plaintiff, v. C. V. LAYDEN, doing business as South-western Beauty Products Company, Defendant. SALES AFFILIATES, Inc., Plaintiff, The Proctor & Gamble Company, Involuntary Plaintiff, v. SKILLERN & SONS, Inc., Walgreen Drug Company of Texas and The Gillette Company, Defendants.

United States District Court S. D. New York.

February 15, 1955.

Attorney(s) appearing for the Case

Morgan, Finnegan, Durham & Pine, New York City, for appellant, Sales Affiliates, Inc., George B. Finnegan, Jr., New York City, William D. Denson, Washington, D. C., Jerome G. Lee, New York City, of counsel.

Kenyon & Kenyon, New York City, for Helene Curtis Industries, Inc., Helene Curtis Sales, Inc., and C. V. Layden, d/b/a Southwestern Beauty Products Co., Theodore S. Kenyon, New York City, Maurice S. Cayne, Chicago, Ill., Malvin R. Mandelbaum, New York City, of counsel.

IRVING R. KAUFMAN, District Judge.

This is a motion for a new trial on the basis of newly discovered evidence. The alleged newly discovered evidence consists of sworn statements made by one Alfred E. Brown in connection with applications for patents subsequently issued to Brown. These statements are alleged by the defendant Sales Affiliates to constitute evidence of the validity of the McDonough patent, which this Court has previously held invalid upon the recommendation...

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