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CHICAGO FLEXIBLE SHAFT CO. v. KATZ DRUG CO.

No. 5468.

72 F.2d 548 (1934)

CHICAGO FLEXIBLE SHAFT CO. v. KATZ DRUG CO.

Circuit Court of Appeals, Third Circuit.

July 31, 1934.

Attorney(s) appearing for the Case

Hugh M. Morris, of Wilmington, Del. (John M. Zane and Harold W. Norman, both of Chicago, Ill., of counsel), for appellant.

Robert H. Richards, of Wilmington, Del., and Arthur Mag and Paul R. Stinson, both of Kansas City, Mo. (Ryland, Stinson, Mag & Thomson, of Kansas City, Mo., of counsel), for appellee.

Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below the plaintiff brought suit against defendant charging it with unfair competition, and praying, inter alia, that "a preliminary injunction may be granted and may be issued out and under the seal of this Court enjoining the Katz Drug Company, its agents, its servants, officers or employees and each of them from advertising for sale or offering for sale or representing for sale or selling Mixmasters below the regular retail...

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