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BROOKS v. GREAT ATLANTIC & PACIFIC TEA CO.

No. 8349.

92 F.2d 794 (1937)

BROOKS v. GREAT ATLANTIC & PACIFIC TEA CO.

Circuit Court of Appeals, Ninth Circuit.

November 10, 1937.

Attorney(s) appearing for the Case

William E. Prather, of Los Angeles, Cal., for appellant.

Kelly L. Taulbee, of Los Angeles, Cal. (Munn, Anderson & Liddy, of New York City, of counsel), for appellee.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.

STEPHENS, Circuit Judge.

This is an appeal from an interlocutory decree of the District Court restraining defendant from the use of a copyrighted trade-name upon the grounds of trade-mark infringement and unfair trade. The decree orders an accounting.

The plaintiff (appellee), the Great Atlantic & Pacific Tea Company, a corporate citizen of New Jersey with principal place of business in New York, brought this action in the United States District Court...

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