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YOUNGS RUBBER CORPORATION v. C. I. LEE & CO.

No. 347.

45 F.2d 103 (1930)

YOUNGS RUBBER CORPORATION, Inc., v. C. I. LEE & CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

On Reargument, December 15, 1930.

Attorney(s) appearing for the Case

Crichton Clarke, of New York City, for appellant.

Bernard Katzen, of New York City, for appellees.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge (after stating the facts as above).

The questions of law which have been argued by the parties cannot properly be decided upon this record. There being no diversity of citizenship, the District Court is without jurisdiction to grant relief except pursuant to the terms of the Trade-Mark Act of 1905 as amended (15 USCA § 81 et seq.). Hunyadi Janos Corp. v. Stoeger, 10 F.2d 26 (C. C. A. 2). Assuming the validity...

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