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NATIONAL BISCUIT CO. v. KELLOGG CO.

No. 5801.

96 F.2d 873 (1938)

NATIONAL BISCUIT CO. v. KELLOGG CO.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied May 16, 1938.

Attorney(s) appearing for the Case

Thomas G. Haight, of Jersey City, N. J., and Drury W. Cooper and Charles A. Vilas, both of New York City, for appellant.

W. H. Crichton Clarke and Edward S. Rogers, both of New York City, Robert T. McCracken, of Philadelphia, Pa., and E. Ennalls Berl, of Wilmington, Del., for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

DAVIS, Circuit Judge.

On April 12, 1937, during the March term of this court, a decree was entered, pursuant to an opinion filed the same day, reversing with costs a decree of the United States District Court for the District of Delaware, which dismissed the appellant's bill of complaint, and containing a direction to the District Court to enter a decree "enjoining the defendant [appellee] from the use of the name `Shredded Wheat' as its trade-name and from advertising...

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