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HYGRADE FOOD PRODUCTS CORP. v. H. D. LEE MERCANTILE CO.

No. 297.

46 F.2d 771 (1931)

HYGRADE FOOD PRODUCTS CORPORATION v. H. D. LEE MERCANTILE CO. et al.

Circuit Court of Appeals, Tenth Circuit.

January 2, 1931.

Attorney(s) appearing for the Case

John S. Dean, of Topeka, Kan. (John S. Dean, Jr., and Frazor T. Edmondson, both of Topeka, Kan., and Harold H. Corbin and Edward J. Bennett, both of New York City, on the brief), for appellant.

Edwin C. Meservey and Charles M. Blackmar, both of Kansas City, Mo. (Meservey, Michaels, Blackmar, Newkirk & Eager, of Kansas City, Mo., on the brief), for appellees.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

PHILLIPS, Circuit Judge.

Hygrade Food Products Corporation brought this action against the H. D. Lee Mercantile Company, a corporation, S. V. Scott, John Lynn, Alexander Noll, Wm. Smith and Robert P. Cook to enjoin them from using the trade name "High Grade Food Stores" in connection with the manufacture, sale and distribution of food products, and for an accounting for damages and profits.

The amended complaint alleged: That the Hygrade Provision Company...

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