MAS v. ORANGE-CRUSH CO.

No. 4383.

99 F.2d 675 (1938)

MAS v. ORANGE-CRUSH CO.

Circuit Court of Appeals, Fourth Circuit.

November 10, 1938.


Attorney(s) appearing for the Case

George E. Allen, of Richmond, Va., for appellant.

Murray M. McGuire and Peter Otey Miller, both of Richmond, Va. (McGuire, Riely, Eggleston & Bocock, of Richmond, Va., on the brief), for appellee.

Before NORTHCOTT and SOPER, Circuit Judges, and WEBB, District Judge.


SOPER, Circuit Judge.

The plaintiff in the District Court, who sued for an accounting of profits arising from the use of an ornamental design for bottles by Orange-Crush Company, appealed from a judgment whereby the service of process upon the defendant by the United States marshal was quashed and the bill of complaint was dismissed. The return of the marshal showed that process was served upon "J. L. Cummings, in person, who is an agent of such corporation, and who...

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