McLELLAN, District Judge.
This suit was brought in April, 1938, for infringement of design patent No. 100,174, and for unfair competition. In the original complaint, infringement of a second design patent, No. 100,175, was also charged, but at the pre-trial hearing, on motion of the plaintiffs and with the consent of the defendant, the charge on this patent was dismissed. The plaintiffs are Roy M. McQuillen, the patentee, and The Hobby Shoe Company, Inc., the latter...
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