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HANNA MFG. CO. v. HILLERICH & BRADSBY CO.

No. 7527.

78 F.2d 763 (1935)

HANNA MFG. CO. v. HILLERICH & BRADSBY CO.

Circuit Court of Appeals, Fifth Circuit.

Petition for Rehearing and to Amend Judgment Denied September 18, 1935.

Attorney(s) appearing for the Case

William L. Erwin, of Athens, Ga., Melville Church and Gilbert P. Ritter, both of Washington, D. C., and Howard S. Smith, of Dayton, Ohio, for appellant.

Joseph Harris, Edward S. Rogers, and William T. Woodson, all of Chicago, Ill., and Max Michael, of Athens, Ga., for appellee.

Ambrose L. O'Shea, of New York City, and Joseph H. Clark, of Detroit, Mich., amici curiæ.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

SIBLEY, Circuit Judge.

This case deals with baseball bats; and with a patent, trade-marks, and unfair competition in the sale of them. Hillerich & Bradsby Company, an old and the largest manufacturer of bats, brought its bill against Hanna Manufacturing Company, a newcomer in the business, charging infringement of trade-marks and unfair competition. Hanna Manufacturing Company denied its guilt, and by cross-bill asserted...

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