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AMIESITE ASPHALT CO. OF AMERICA v. INTERSTATE AMIESITE CO.

Nos. 4937, 4938, 5415.

72 F.2d 946 (1934)

AMIESITE ASPHALT CO. OF AMERICA v. INTERSTATE AMIESITE CO. (two cases).

Circuit Court of Appeals, Third Circuit.

September 19, 1934.

Attorney(s) appearing for the Case

Charles J. Hepburn, of Philadelphia, Pa., and Caleb S. Layton and Hugh M. Morris, both of Wilmington, Del., for appellant.

Ayres J. Stockly, of Wilmington, Del. (Henry N. Paul, Frank B. Fox, and John H. Austin, all of Philadelphia, Pa., of counsel), for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below the incorporated Amiesite Asphalt Company of America, hereafter called plaintiff, brought suit against the incorporated Interstate Amiesite Company, hereafter called defendant, charging the latter with wrongfully using the trade-name or trade-mark "Amiesite," and prayed injunctive relief. Subsequently defendant made a counterclaim, charging plaintiff with oppressive and wrongful conduct in alleged intimidation of its customers...

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