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WENATCHEE REX SPRAY CO. v. REX CO.

No. 5776.

35 F.2d 467 (1929)

WENATCHEE REX SPRAY CO. et al. v. REX CO. et al.

Circuit Court of Appeals, Ninth Circuit.

October 29, 1929.

Attorney(s) appearing for the Case

John H. Miller and A. W. Boyken, both of San Francisco, Cal., Alfred Gfeller, of Wenatchee, Wash., and David E. Snodgrass, of San Francisco, Cal., for appellants.

Francis C. Downey, of Kansas City, Mo., Fred L. Chappell, of Kalamazoo, Mich., W. B. Morton and David Weild, Jr., both of New York City, and A. E. Russell, of Spokane, Wash., for appellees.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

WILBUR, Circuit Judge.

Appellees filed a bill in equity for the purpose of restricting the activities of the appellants with reference to the sale of a fly poison manufactured according to a formula developed, or discovered in 1922, by a research fellowship in the Mellon Institute of Pittsburgh, Pa., established in 1916 and renewed annually thereafter. This preparation was advertised and marketed under the trade-name and trade-mark of "Fly-Tox."

It is stated...

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