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MY-T FINE CORPORATION v. SAMUELS

No. 189.

69 F.2d 76 (1934)

MY-T FINE CORPORATION v. SAMUELS et al.

Circuit Court of Appeals, Second Circuit.

February 13, 1934.

Attorney(s) appearing for the Case

Warfield & Brown, of New York City (Tracy R. V. Fike and F. P. Warfield, both of New York City, of counsel), for appellant.

Abberley & Bryde, of New York City (Arthur H. Amon, of New York City, of counsel), for appellees.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

The plaintiff is the manufacturer of a confection of chocolate and sugar, used in making a kind of pudding and sold in small cardboard boxes. The suit, which is founded upon diversity of citizenship, is to protect its make-up which the defendant is alleged to have copied. The boxes are about three and a half inches high, three inches wide, and an inch and a half thick; they contain four ounces of the confection. The plaintiff's predecessor...

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