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STURGES v. CLARK D. PEASE, INC.

No. 275.

48 F.2d 1035 (1931)

STURGES v. CLARK D. PEASE, Inc., et al.

Circuit Court of Appeals, Second Circuit.

On Rehearing, April 24, 1931.

Attorney(s) appearing for the Case

Alexander C. Dick, of New York City (Hinckley, Allen, Tillinghast, Phillips & Wheeler, of Providence, R. I., of counsel), for appellant.

Falk & Orleans, of New York City (Samuel Falk, of New York City, of counsel), for appellee Clarke D. Pease, Inc.

Robert E. Hanley, Acting U. S. Atty., of New York City (Harry G. Herman, Asst. U. S. Atty., of New York City, of counsel), for appellee Elting.

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

AUGUSTUS N. HAND, Circuit Judge.

This appeal raises the sufficiency of the amended bill of complaint. The amended bill alleges that the complainant purchased a secondhand Hispano-Suiza automobile in Paris, France, for 80,000 francs and attempted to import it into the United States; that it arrived on the steamship Lafayette at New York on May 26, 1930, and bore on it in various places the trade-mark "H-S," owned and registered by the defendant Clarke D. Pease, Inc...

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