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MOLINE PRESSED STEEL CO. v. DAYTON TOY & SPECIALTY CO.

Nos. 5073, 5074.

30 F.2d 16 (1929)

MOLINE PRESSED STEEL CO. v. DAYTON TOY & SPECIALTY CO. DAYTON TOY & SPECIALTY CO. v. MOLINE PRESSED STEEL CO.

Circuit Court of Appeals, Sixth Circuit.

January 18, 1929.

Attorney(s) appearing for the Case

William H. Haight, of Chicago, Ill., and D. W. Iddings, of Dayton, Ohio (Haight, Adcock & Banning, of Chicago, Ill., D. W. & A. S. Iddings, of Dayton, Ohio, and George I. Haight, of Chicago, Ill., on the brief), for Steel Company.

William Mills Matthews, of Dayton, Ohio (Matthews & Matthews and Edwin P. Matthews, all of Dayton, Ohio, on the brief), for Toy Company.

Before MOORMAN, HICKS, and KNAPPEN, Circuit Judges.

MOORMAN, Circuit Judge.

Appeals from a decree sustaining in part and overruling in part a motion to dismiss a bill in equity. The bill as amended alleged that since 1921 plaintiff had been engaged in manufacturing and selling toy vehicles and devices throughout the United States; that at the time of the filing of the bill it was selling thirty different toy vehicles; that these toys were of larger size, heavier materials, and were better finished and more expensive...

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