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ANCHOR STOVE & RANGE CO. v. RYMER

No. 7924.

97 F.2d 689 (1938)

ANCHOR STOVE & RANGE CO. v. RYMER et al.

Circuit Court of Appeals, Sixth Circuit.

June 29, 1938.

Attorney(s) appearing for the Case

Walter F. Murray, of Cincinnati, Ohio (Walter F. Murray and Murray, Sackhoff & Paddack, all of Cincinnati, Ohio, on the brief), for appellant.

J. B. Sizer, of Chattanooga, Tenn. (Chas. S. Mayfield, of Cleveland, Tenn., and J. B. Sizer and Sizer, Chambliss & Kefauver, all of Chattanooga, Tenn., on the brief), for appellees.

Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.

SIMONS, Circuit Judge.

The cause is here for the second time. In our former decision Rymer v. Anchor Stove & Range Co., 6 Cir., 70 F.2d 386, we adjudged the present appellees guilty of unfair competition in simulating the design of appellant's heaters, which were sold to the mail order house of Montgomery Ward & Company of Chicago, without sufficient indicia thereon to show their origin, and affirmed a decree granting the...

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