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BARTON v. REX-OIL CO.

No. 3642.

29 F.2d 474 (1928)

BARTON et al. v. REX-OIL CO., Inc.

Circuit Court of Appeals, Third Circuit.

On Rehearing December 12, 1928.

Attorney(s) appearing for the Case

Allen M. Reed and Edward S. Rogers, both of Chicago, Ill., and Edward A. Lawrence, of Pittsburgh, Pa., for appellants.

E. W. McCallister, of Pittsburgh, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

The District Court, in dismissing the bill of Warren D. Barton et al. against Rex-Oil Company, Inc., held that the plaintiffs' claimed trade-mark "Dyanshine" for shoe polish was invalid as descriptive of their product and that unfair competition on the part of the defendant had not been established. Barton v. Rex-Oil Co., Inc., 288 F. 878. This court on appeal reversed the decree [Barton v. Rex-Oil Co., Inc., 2 F.2d 403, 40 A. L. R. 424], on...

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