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NUGRAPE CO. OF AMERICA v. GLAZIER

No. 5027.

22 F.2d 596 (1927)

NUGRAPE CO. OF AMERICA v. GLAZIER et al.

Circuit Court of Appeals, Fifth Circuit.

November 23, 1927.

Attorney(s) appearing for the Case

M. M. Crane, of Dallas, Tex. (Candler, Thomson & Hirsch, of Atlanta, Ga., and Crane & Crane, of Dallas, Tex., on the brief), for appellant.

W. W. Alcorn, of Fort Worth, Tex. (McLean, Scott & Sayers, of Forth Worth, Tex., on the brief), for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

This is an appeal from a decree dismissing an amended bill in equity filed by the appellant. Appellant's original bill charged infringement of its registered trade-mark, consisting of the word "NuGrape" disclosed in a distinctive script, infringement of a design patent for a bottle, and unfair competition. Upon it being disclosed on the hearing of an application of the appellant for a temporary injunction that the appellee had abandoned the...

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