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ELY-NORRIS SAFE CO. v. MOSLER SAFE CO.

No. 264.

7 F.2d 603 (1925)

ELY-NORRIS SAFE CO. v. MOSLER SAFE CO.

Circuit Court of Appeals, Second Circuit.

April 6, 1925.

Attorney(s) appearing for the Case

Mayer, Warfield & Watson, of New York City (Julius M. Mayer, F. P. Warfield, and Lawrence Bristol, all of New York City, of counsel), for appellant.

Samuel Owen Edmonds, of New York City, for appellee.

Before HOUGH, MANTON, and HAND, Circuit Judges.

HAND, Circuit Judge (after stating the facts as above).

This case is not the same as that before Mr. Justice Bradley in New York & Rosendale Co. v. Coplay Cement Co. (C. C.) 44 F. 277, 10 L. R. A. 833. The plaintiffs there manufactured cement at Rosendale, N. Y., but it did not appear that they were the only persons making cement at that place. There was no reason, therefore, to assume that a customer of the defendant, deceived as to the place of origin of the...

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