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J. C. PENNEY CO. v. H. D. LEE MERCANTILE CO.

Nos. 11726, 11727.

120 F.2d 949 (1941)

J. C. PENNEY CO. v. H. D. LEE MERCANTILE CO. H. D. LEE MERCANTILE CO. v. J. C. PENNEY CO.

Circuit Court of Appeals, Eighth Circuit.

June 19, 1941.

Attorney(s) appearing for the Case

Charles H. Mayer, of St. Joseph, Mo. (Floyd M. Sprague and Mayer, Conkling & Sprague, all of St. Joseph, Mo., and Gwinn & Pell, of New York City, on the brief), for J. C. Penney Co.

Charles M. Blackmar and Kenneth E. Midgley, both of Kansas City, Mo. (Michaels, Blackmar, Newkirk, Eager & Swanson, of Kansas City, Mo., on the brief), for H. D. Lee Mercantile Co.

Before GARDNER, WOODROUGH, and JOHNSEN, Circuit Judges.

JOHNSEN, Circuit Judge, delivered the opinion of the Court.

The questions for determination are whether, in adopting a certain bib-pocket design for its overalls, or in its methods of marketing the same, defendant has been guilty of unfair competition against plaintiff, and, if so, to what relief plaintiff is entitled by reason thereof.

The suit was one by The H. D. Lee Mercantile Company against J. C. Penney Company, for an injunction and for an accounting...

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