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AMERICAN MEDICINAL SPIRITS CO. v. UNITED DISTILLERS

No. 291.

76 F.2d 124 (1935)

AMERICAN MEDICINAL SPIRITS CO. v. UNITED DISTILLERS, LIMITED, et al.

Circuit Court of Appeals, Second Circuit.

March 11, 1935.

Attorney(s) appearing for the Case

Kaufman, Weitzner & Celler, of New York City (Emil Weitzner, Samuel H. Kaufman, and Eugene M. Parter, all of New York City, of counsel), for appellants.

Breed, Abbott & Morgan, of New York City (Hugh S. Williamson and Gerald J. Craugh, both of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal from a decree pendente lite enjoining the defendants from using the words, "Bourbon de Luxe," as a name for their whisky. The plaintiff, a subsidiary of the National Distillers Products Company, is the successor of R. W. Wathen & Company, a Kentucky corporation, which was in turn the successor of Louis B. Eppstein, the executor of Milton L. Eppstein, who did business at Fort Worth, Texas. For some time before November...

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