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WALGREEN DRUG STORES v. OBEAR-NESTER GLASS CO.

Nos. 11654, 11655.

113 F.2d 956 (1940)

WALGREEN DRUG STORES, Inc., v. OBEAR-NESTER GLASS CO. CORNING GLASS WORKS v. SAME.

Circuit Court of Appeals, Eighth Circuit.

As Modified on Denial of Rehearing August 29, 1940.

Attorney(s) appearing for the Case

Wayne Ely, of St. Louis, Mo., and E. S. Rogers, of Chicago, Ill. (V. M. Dorsey, of Washington, D. C., and John H. Bruninga and John H. Sutherland, both of St. Louis, Mo., on the brief), for appellants.

Lawrence C. Kingsland, of St. Louis, Mo. (Estill E. Ezell and Edmund C. Rogers, both of St. Louis, Mo., on the brief), for appellee.

Before GARDNER and SANBORN, Circuit Judges, and COLLET, District Judge.

GARDNER, Circuit Judge.

The appellee, Obear-Nester Glass Company, brought suit against appellant Walgreen Drug Stores, Inc., charging the infringement of its trade-mark No. 231,759, registered August 23, 1937. Appellant Corning Glass Works was permitted to intervene, and it took over the defense of the suit. The real controversy is between Obear-Nester Glass Company and Corning Glass Works. For convenience we shall refer to the Obear-Nester Glass Company as plaintiff...

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