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AMERICAN BRAKE SHOE & F. CO. v. ALLTEX PRODUCTS CORP.

No. 197.

117 F.2d 983 (1941)

AMERICAN BRAKE SHOE & FOUNDRY CO. v. ALLTEX PRODUCTS CORPORATION.

Circuit Court of Appeals, Second Circuit.

March 3, 1941.

Attorney(s) appearing for the Case

Rogers, Hoge & Hills, of New York City (Edward S. Rogers and Clifton Cooper, both of New York City, and George H. Wallace, of Chicago, Ill., of counsel), for plaintiff-appellant.

Alexander D. Smith, of New York City (Harry Malter, of New York City, of counsel; Alexander D. Smith and Isadore B. Hurwitz, both of New York City, on the brief), for defendant-appellee.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

L. HAND, Circuit Judge.

This appeal is from a judgment dismissing a complaint in an action upon a trademark and for unfair competition. The plaintiff is the manufacturer of lining for automobile brakes, used both upon buses and trucks and upon passenger cars. For the heavy work of buses and trucks the lining is moulded into short thick blocks, set at intervals around the periphery of an expanding member which bears against the inside of a friction rim on the wheel...

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