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S. S. KRESGE CO. v. WINGET KICKERNICK CO.

Nos. 10818-10820.

96 F.2d 978 (1938)

S. S. KRESGE CO. et al. v. WINGET KICKERNICK CO. et al. J. C. PENNEY CO., Inc., et al. v. SAME. LA MODE GARMENT CO. v. SAME.

Circuit Court of Appeals, Eighth Circuit.

May 16, 1938.

Attorney(s) appearing for the Case

George I. Haight, of Chicago, Ill. (John J. Sexton, of St. Paul, Minn., and John A. Marzall, of Chicago, Ill., on the brief), for appellants.

Frank A. Whiteley, of Minneapolis, Minn., for appellees.

Before STONE, SANBORN, and THOMAS, Circuit Judges.

STONE, Circuit Judge.

Mary D. Neilson was granted patent No. 1,389,067 covering "Undergarments for Women". She was also granted patent No. 1,680,267 which she thereafter surrendered upon Reissue No. 17,903 — this patent being for "Process of making garments for women and children." Thereafter, she gave an exclusive license to Winget Kickernick Company to make, use and sell under these patents. Also, the Winget company is owner of the registered trademark "Kickernick...

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