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MONTEVALLO COAL MINING CO. v. LITTLE GEM COAL CO.

Patent Appeal No. 2650.

48 F.2d 411 (1931)

MONTEVALLO COAL MINING CO. v. LITTLE GEM COAL CO.

Court of Customs and Patent Appeals.

April 15, 1931.

Attorney(s) appearing for the Case

H. C. Robb and J. F. Robb, both of Washington, D. C., and V. J. Nesbit and W. H. Sadler, Jr., both of Birmingham, Ala. (Robb & Robb, of Washington, D. C., and Nesbit & Sadler, of Birmingham, Ala., of counsel), for appellant.

Harry H. Semmes, of Washington, D. C., and W. Douglas Arant, of Birmingham, Ala. (Semmes & Semmes, of Washington, D. C., and Bradley, Baldwin, All & White, of Birmingham, Ala., of counsel), for appellee.

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

LENROOT, Associate Judge.

This is an appeal from a decision of the Commissioner of Patents affirming a decision of the Examiner of Trade-Mark Interferences, sustaining the opposition of appellee to the registration of the trade-mark "Montevallo" and denying registration thereof.

The application here in issue was filed on February 2, 1927, and is for registration of said mark under the ten-year proviso of the Trade-mark Act of February 20, 1905 (15 USCA §...

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