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CANISTER CO. v. OWENS-ILLINOIS GLASS CO.

No. 6623.

95 F.2d 303 (1938)

CANISTER CO. v. OWENS-ILLINOIS GLASS CO. et al.

Circuit Court of Appeals, Third Circuit.

February 25, 1938.

Attorney(s) appearing for the Case

Warwick Potter Scott, of Philadelphia, Pa. (Knox Henderson and Ballard, Spahr, Andrews & Ingersoll, all of Philadelphia, Pa., of counsel), for appellant.

Wm. A. Schnader and Gilbert W. Oswald, both of Philadelphia, Pa. (Schnader & Lewis, of Philadelphia, Pa., and Williams, Eversman & Morgan, of Toledo, Ohio, of counsel), for appellees.

Before DAVIS and THOMPSON, Circuit Judges, and JOHNSON, District Judge.

JOHNSON, District Judge.

This is an appeal from a decree of the District Court for the Eastern District of Pennsylvania dismissing a bill in equity instituted to restrain unfair competition.

The appellant for a number of years has been manufacturing and selling fibre containers. One of the features of the containers is a metal strip used, instead of glue, to bind the fibre and to serve as a distinctive design.

The appellant sold to Frankfort Distilleries...

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