RALSTON PURINA CO. v. WESTERN GRAIN CO.

No. 5067.

23 F.2d 253 (1928)

RALSTON PURINA CO. v. WESTERN GRAIN CO.

Circuit Court of Appeals, Fifth Circuit.

January 3, 1928.


Attorney(s) appearing for the Case

Edwin E. Huffman, of St. Louis, Mo., for appellant.

Joseph P. Mudd, of Birmingham, Ala., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


WALKER, Circuit Judge.

This is an appeal from a decree dismissing for want of equity a bill filed by the appellant, a Missouri corporation, against the appellee, an Alabama corporation, which charged infringement of an alleged registered trade-mark for animal feed, consisting of the word "Just," and unfair competition. There was evidence to the following effect:

For many years prior to 1913 appellant was engaged in manufacturing and selling live stock mixed...

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