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WINGET KICKERNICK CO. v. LA MODE GARMENT CO.

No. 8485.

42 F.2d 513 (1930)

WINGET KICKERNICK CO. v. LA MODE GARMENT CO.

District Court, N. D. Illinois, E. D.

July 1, 1930.

Attorney(s) appearing for the Case

Frank A. Whitely, of Minneapolis, Minn., and Alexander C. Mabee, of Chicago, Ill., for plaintiff.

Isaac H. Mayer and Benj. T. Roodhouse, both of Chicago, Ill., for defendant.

LINDLEY, District Judge.

Though some showing is made by defendant upon the proposition that plaintiff comes into court with unclean hands, I find myself unable to say definitely that the misuse of the word "patented" shown was not merely the result of a mistake upon the part of the employees of plaintiff and without knowledge and approval upon the part of its executive officers. Hence, I am unwilling to base my decision upon the affirmative of this proposition.

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