BAYER CO. v. SEIN

No. 3259.

94 F.2d 931 (1938)

BAYER CO., Inc., v. SEIN.

Circuit Court of Appeals, First Circuit.

February 15, 1938.


Attorney(s) appearing for the Case

Edward S. Rogers, of New York City (Rogers, Ramsay & Hoge, of New York City, and Thomas Hunt and Gaston, Snow, Hunt, Rice & Boyd, all of Boston, Mass., on the brief), for appellant.

L. E. Dubon, D. Guerrero Noble, and Dubon & Ocheteco, all of San Juan, Puerto Rico, for appellee.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.


MORTON, Circuit Judge.

This is an appeal from a decree of the federal District Court of Puerto Rico which dismissed a bill brought to enjoin infringement of complainant's trade-mark and for unfair competition. Jurisdiction rests on diversity of citizenship with the requisite amount in controversy. The ground on which the motion to dismiss was allowed is stated by the District Judge in his opinion as follows:

"The authorities generally hold that cases of this...

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