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S. S. KRESGE CO. v. WINGET KICKERNICK CO.

Nos. 10818, 11438, 10819, 11439.

102 F.2d 740 (1939)

S. S. KRESGE CO. et al. v. WINGET KICKERNICK CO. et al. J. C. PENNEY CO., Inc., et al. v. SAME.

Circuit Court of Appeals, Eighth Circuit.

March 27, 1939.

Attorney(s) appearing for the Case

Wilfred E. Rumble, of St. Paul, Minn. (Doherty, Rumble, Butler, Sullivan & Mitchell, of St. Paul Minn., and Sexton, Mordaunt, Kennedy & Carroll, of Minneapolis, Minn.), for appellants.

F. A. Whiteley, of Minneapolis, Minn., for appellees.

Before STONE, SANBORN, and THOMAS, Circuit Judges.

STONE, Circuit Judge.

On June 29, 1938, the mandate of this Court (in appeals Nos. 10,818 and 10,819) was filed with the Clerk of the District Court. The mandate directed entry of decrees determining non-infringement of the patents involved, non-infringement of the trademark involved and determining "unfair competition as to the respective defendants * * * and ordering injunction and accounting against such on account of such unfair competition." It commanded also...

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