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THOMAS KERFOOT & CO. v. UNITED DRUG CO.

No. 747.

38 F.2d 671 (1930)

THOMAS KERFOOT & CO., Limited, v. UNITED DRUG CO. et al.

District Court D. Delaware.

March 4, 1930.

Attorney(s) appearing for the Case

E. Ennalls Berl (of Ward & Gray), of Wilmington, Del., and Asher Blum (of Mock & Blum), of New York City, for plaintiff.

William G. Mahaffy, of Wilmington, Del., and Edward S. Rogers, of New York City, for United Drug Co., and specially for Louis K. Liggett Co.

MORRIS, District Judge.

Thomas Kerfoot & Co., Limited, a British corporation, filed its bill of complaint alleging trade-mark infringement and unfair competition against United Drug Company, a Delaware corporation, and Louis K. Liggett Company, a Massachusetts corporation. The Liggett Company has promptly appeared specially and moved to dismiss the bill as to it upon the ground that by virtue of section 51 of the Judicial Code (28 USCA § 112) it is immune...

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