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McKESSON & ROBBINS v. CHARLES H. PHILLIPS CHEMICAL CO.

No. 292.

53 F.2d 342 (1931)

McKESSON & ROBBINS, Inc., v. CHARLES H. PHILLIPS CHEMICAL CO.

Circuit Court of Appeals, Second Circuit.

August 7, 1931.

Attorney(s) appearing for the Case

Taylor, Durey, Pierson & Comley, of Stamford, Conn. (H. H. Ramsay and Edward S. Rogers, both of New York City, Allen M. Reed, of Chicago, Ill., and Norris E. Pierson, of Stamford, Conn., of counsel), for appellant.

Marsh, Stoddard & Day, of Bridgeport, Conn. (Harry D. Nims and Wallace H. Martin, both of New York City, and Vincent L. Keating, of Bridgeport, Conn., of counsel), for appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

This is a suit brought under section 4915 of the U. S. Revised Statutes (35 USCA § 63) to obtain the cancellation of two trademark registrations of the defendant. One, No. 46,225, was a registration of "Milk of Magnesia," September 12, 1905, and the other, No. 75,501, was a registration of "Leche-de-Magnesia," October 12, 1905. Each of these registrations was taken out under the so-called ten-year clause of the act of 1905. That...

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