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SOUTHEASTERN BREWING CO. v. BLACKWELL

No. 3917.

80 F.2d 607 (1935)

SOUTHEASTERN BREWING CO. v. BLACKWELL, Secretary of State of South Carolina, et al.

Circuit Court of Appeals, Fourth Circuit.

December 3, 1935.

Attorney(s) appearing for the Case

John A. Sibley and Pope F. Brock, both of Atlanta, Ga. (Spalding, MacDougald, Sibley & Brock, of Atlanta, Ga., and Herbert & Dial, R. Beverley Herbert, and George L. Dial, Jr., all of Columbia, S. C., on the brief), for appellant.

Paul B. Eaton, of Charlotte, N. C., and E. M. Land, of Statesville, N. C. (Land & Sowers, of Statesville, N. C., Benet, Shand & McGowan and William Shand, all of Columbia, S. C., and Neil S. Sowers, of Statesville, N. C., on the brief), for appellees.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

NORTHCOTT, Circuit Judge.

This is an appeal from a decree entered in the District Court of the United States for the Eastern District of South Carolina, in a suit in equity in which the appellant, herein referred to as the plaintiff, sought to enjoin the appellee, Old South Brewing Company, from using the name "Old South" in its brewery business and the appellee Blackwell, as secretary of state for South Carolina, from recording the legend "Old South Brew" as the...

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