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HENDERSON v. PETER HENDERSON & CO.

No. 3561.

9 F.2d 787 (1925)

HENDERSON v. PETER HENDERSON & CO.

Circuit Court of Appeals, Seventh Circuit.

December 8, 1925.

Attorney(s) appearing for the Case

Luther Johns, of Chicago, Ill., for appellant.

Gifford & Scull and George F. Scull, all of New York City, and Edward S. Rogers and Allen M. Reed, all of Chicago, Ill., for appellee.

Before ALSCHULER, PAGE, and ANDERSON, Circuit Judges.

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

Appellant contends that the registration is void, asserting that the proofs submitted to procure it did not comply with the statute, first, in that the oath respecting exclusive use is on the knowledge and belief of the affiant. We do not see how in strictness it could be made otherwise, for technically no one could absolutely know that in some part of the United States there was not another, during the...

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