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MONTEVALLO MINING CO. v. LITTLE GEM COAL CO.

No. 1890.

17 F.2d 688 (1927)

MONTEVALLO MINING CO. v. LITTLE GEM COAL CO. et al.

Court of Appeals of District of Columbia.

Decided February 7, 1927.

Attorney(s) appearing for the Case

H. S. Hill, of Cleveland, Ohio, and J. F. Robb and H. C. Robb, both of Washington, D. C., for appellant.

H. H. Semmes, of Washington, D. C., and W. D. Arant, of Birmingham, Ala., for appellees.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

VAN ORSDEL, Associate Justice.

This is a trade-mark cancellation proceeding, brought by Little Gem Coal Company and its distributing agent, Blake Coal Company, seeking the cancellation of the trade-mark "Montevallo," registered by appellant, Montevallo Mining Company, for use on coal.

It appears that situated in the Cahaba Valley in Alabama is the town of Montevallo. This town existed long prior to the discovery of deposits of coal in the Cahaba Valley. It...

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