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WALDEN WORCESTER v. AMERICAN GRINDER MFG. CO.

No. 3397.

3 F.2d 993 (1925)

WALDEN WORCESTER, Inc., v. AMERICAN GRINDER MFG. CO. et al.

Circuit Court of Appeals, Seventh Circuit.

January 31, 1925.

Attorney(s) appearing for the Case

M. Casewell Heine, of New York City, and Joseph H. Milans, of Washington, D. C., for appellant.

N. S. Robinson and Louis Quarles, both of Milwaukee, Wis., for appellees.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.

PAGE, Circuit Judge.

The United States District Court dismissed for want of equity plaintiff's bill, charging: (1) Unfair competition; (2) infringement of plaintiff's trade-mark No. 100,921 of Walden Manufacturing Company, dated October 24, 1914; (3) infringement of claim 4 of patent to Hunter No. 1,164,815, issued December 21, 1915.

Inasmuch as the questions pertaining to unfair competition and the trade-mark infringement were decided upon the facts before...

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