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HEEKIN CO. v. LAWRENCEBURG ROLLER MILLS CO.

Patent Appeal No. 2345.

40 F.2d 119 (1930)

HEEKIN CO. v. LAWRENCEBURG ROLLER MILLS CO.

Court of Customs and Patent Appeals.

April 14, 1930.

Attorney(s) appearing for the Case

Walter F. Murray and Frank L. Zugelter, both of Cincinnati, Ohio, for appellant.

Edward S. Rogers and Allen M. Reed, both of Chicago, Ill., for appellee.

Before GRAHAM, Presiding Judge, and BLAND, HATFIELD, GARRETT, and LENROOT, Associate Judges.

GARRETT, Associate Judge.

Lawrenceburg Roller Mills Company of Lawrenceburg, Ind., on February 27, 1926, made application for the registration of the words "White Cap" as a trade-mark for use for "plain and self-rising flour," alleging that such mark had been continuously used in its business since December 7, 1925.

Registration was at first refused on account of registered trade-mark 88,827 to C. W. Antrim & Sons, but subsequent to this refusal there...

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