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HEMMETER CIGAR CO. v. CONGRESS CIGAR CO.

No. 8505.

118 F.2d 64 (1941)

HEMMETER CIGAR CO. v. CONGRESS CIGAR CO., Inc.

Circuit Court of Appeals, Sixth Circuit.

March 14, 1941.

Attorney(s) appearing for the Case

David S. Kane, of New York, City (Duell & Kane and Philip T. Dalsimer, all of New York City, on the brief), for appellant.

Harold H. Armstrong, of Detroit, Mich. (Armstrong, Weadock, Essery & Helm, of Detroit, Mich., on the brief), for appellee.

Before HICKS, SIMONS, and MARTIN, Circuit Judges.

MARTIN, Circuit Judge.

This is an appeal from a final decree denying relief in a trade-mark infringement and unfair competition suit, brought in the District Court to protect appellant's registered trade-mark, "Champion," used in relation to its principal brand of cigars. The District Judge, in dismissing the complaint, adopted the opinion-report, findings of fact and legal conclusions of a Special Master, to whom he had referred the cause.

The Findings of...

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