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R. H. MACY & CO. v. MACY'S DRUG STORE

No. 6044.

84 F.2d 387 (1936)

R. H. MACY & CO., Inc., v. MACY'S DRUG STORE, Inc., et al.

Circuit Court of Appeals, Third Circuit.

May 29, 1936.

Attorney(s) appearing for the Case

Sterling & Willing, of Philadelphia, Pa. (Leon Lauterstein, Melbourne Bergerman, and Emanuel Dannett, all of New York City, of counsel), for appellant.

Albert M. Cohen and Harry Langsam, both of Philadelphia, Pa., for appellees.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

This is an appeal from a decree of the District Court for the Eastern District of Pennsylvania, which counsel agree be heard here as if on final hearing. Suit was brought against Macy's Drug Store, Inc., Irving H. Bernett, and Irvin Rosenfeld, by R. H. Macy & Co., Inc., for an injunction to restrain them from using the name "Macy" in their business.

In its own extensive business the plaintiff company conducts a retail department...

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