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NATIONAL BISCUIT CO. v. KELLOGG CO.

No. 5801.

91 F.2d 150 (1937)

NATIONAL BISCUIT CO. v. KELLOGG CO.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied July 13, 1937.

Attorney(s) appearing for the Case

Thomas G. Haight, of Jersey City, N. J., David A. Reed, of Pittsburgh, Pa., Hugh M. Morris, of Wilmington, Del., and Drury W. Cooper and Charles A. Vilas, both of New York City, for appellant.

Edward S. Rogers and Crichton Clarke, both of New York City, and Arthur B. Seibold, of Chicago, Ill., for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

DAVIS, Circuit Judge.

When this case was here before, we affirmed the decree of the District Court by a per curiam adopting the opinion of that court. It is before us now on reargument. The District Court and this court felt that the case was controlled by Singer Mfg. Co. v. June Mfg. Co., 163 U.S. 169, 16 S.Ct. 1002, 1014, 41 L.Ed. 118 on the ground that the name "Shredded Wheat" was a descriptive term, describing the product of the...

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