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FEIL v. AMERICAN SERUM CO.

No. 7226.

16 F.2d 88 (1926)

FEIL v. AMERICAN SERUM CO.

Circuit Court of Appeals, Eighth Circuit.

November 10, 1926.

Attorney(s) appearing for the Case

B. M. Kent, of Cleveland, Ohio (Kwis, Hudson & Kent, of Cleveland, Ohio, on the brief), for appellant.

G. T. Struble, of Sioux City, Iowa (Jepson, Struble, Anderson & Sifford, of Sioux City, Iowa, on the brief), for appellee.

Before SANBORN, Circuit Judge, and WOODROUGH, District Judge.

WALTER H. SANBORN, Circuit Judge.

This is an appeal from a decree of dismissal of a suit by the complainant, Feil, the owner of the trade-mark "Wormix," No. 161,134, registered November 7, 1922, to recover damages inflicted upon him by the defendant, American Serum Company, a corporation, by its infringement of his trademark by its use of the colorable imitation "Worm-X," and for an injunction against further infringement. The court below dismissed the bill on the...

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