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WUNDERLICH v. CASH

No. 5228.

33 F.2d 118 (1929)

WUNDERLICH v. CASH.

Circuit Court of Appeals, Fifth Circuit.

June 19, 1929.

Attorney(s) appearing for the Case

H. W. Robinson, of New Orleans, La., for appellant.

Norville R. Leigh, Jr., and D. H. Edington, both of Mobile, Ala., for appellee.

Before WALKER and FOSTER, Circuit Judges, and DAWKINS, District Judge.

WALKER, Circuit Judge.

This is an appeal from a decree dismissing appellant's amended bill, which complained of the use by the appellee on containers of medicinal preparations marketed by him of the name or words "White Cross" and the figure of a cross in white. The ground of the cause of action asserted is unfair competition, in that, after appellant had for many years used the name or words "White Cross," together with the figure of a white cross on the bottles...

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