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COCA-COLA CO. v. WHISTLE CO.

No. 637.

20 F.2d 955 (1927)

COCA-COLA CO. v. WHISTLE CO. OF AMERICA.

District Court, D. Delaware.

July 15, 1927.

Attorney(s) appearing for the Case

Harry D. Nims, James J. Kennedy and Wallace H. Martin, all of New York City, and E. Ennalls Berl, of Wilmington, Del., for plaintiff.

Samuel E. Darby, Jr., of New York City, and William G. Mahaffy and Rodmond S. Mahaffy, both of Wilmington, Del., for defendant.

MORRIS, District Judge.

The Coca-Cola Company, the plaintiff and owner of design patent No. 48,160, to Samuelson, by this suit in equity seeks a decree against Whistle Company of America, adjudging its use of the bottle described in design patent to Jones, No. 70,843, owned by the defendant, to be an infringement of the Samuelson patent, and awarding an injunction. The plaintiff has abandoned any right to relief by virtue...

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