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AMERICAN AGRICULTURAL CHEMICAL CO. v. MOORE

No. 366.

17 F.2d 196 (1927)

AMERICAN AGRICULTURAL CHEMICAL CO. v. MOORE, State Commissioner of Agriculture and Industries.

District Court, M. D. Alabama, N. D. at Montgomery.

January 22, 1927.

Attorney(s) appearing for the Case

P. W. McQuillen (of Sullivan & Cromwell), of New York City, and Steiner, Crum & Weil, of Montgomery, Ala., for plaintiff.

Harwell G. Davis, Atty. Gen., and A. A. Evans, Asst. Atty. Gen., for defendant.

CLAYTON, District Judge.

The jurisdiction of this court is invoked by the plaintiff, a Connecticut corporation, to restrain the defendant, individually and as the commissioner of agriculture and industries of the state of Alabama, from an alleged arbitrary and unwarranted refusal of such commissioner to permit the registration of the plaintiff's trade-mark or trade-name used in the sale of commercial fertilizer.

Summarizing the bill of complaint, the plaintiff...

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