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NATIONAL PUB. CO. v. JOHN A. HERTEL CO.

No. 6857.

105 F.2d 222 (1939)

NATIONAL PUB. CO. v. JOHN A. HERTEL CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied July 13, 1939.

Attorney(s) appearing for the Case

Irvin J. Bendiner, of Philadelphia, Pa., and James F. Oates, Jr., and Daggett Harvey, both of Chicago, Ill. (Sidley, McPherson, Austin & Burgess, of Chicago, Ill., of counsel), for appellant.

William W. Seagle, of Indianapolis, Ind., and Delbert A. Clithero, Herman A. Fischer, Carlton L. Fischer, and Raymond P. Fischer, all of Chicago, Ill., for appellee.

Before SPARKS, MAJOR, and TREANOR, Circuit Judges.

TREANOR, Circuit Judge.

This is an appeal from a judgment against plaintiff entered in a suit brought by plaintiff to restrain the defendant upon the theory that defendant was misappropriating plaintiff's property rights and also engaging in unfair competition with the plaintiff. The District Court sustained the defendant's motion to dismiss plaintiff's complaint, as amended, and dismissed the suit for want of equity.

The following facts, in addition to others...

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