BLACK & YATES v. MAHOGANY ASS'N

No. 7561.

129 F.2d 227 (1941)

BLACK & YATES, Inc., et al. v. MAHOGANY ASS'N, Inc., et al.

Circuit Court of Appeals, Third Circuit.

Reargued December 5, 1941.

On Rehearing June 10, 1942.


Attorney(s) appearing for the Case

Wallace H. Martin, of New York City (Hugh M. Morris, of Wilmington, Del., and Harry D. Nims and Minturn deS. Verdi, both of New York City, and S. Samuel Arsht, of Wilmington, Del., on the brief), for appellants.

Wm. P. McCool, of New York City (Arthur G. Logan, and Logan & Duffy, all of Wilmington, Del., on the brief), for defendant-appellee Mahogany Associates, Inc.

J. Montgomery Forster, of Philadelphia, Pa. (Arthur G. Logan, of Wilmington, Del., on the brief), for appellee Thompson Mahogany Co.

Before MARIS, CLARK, and GOODRICH, Circuit Judges.


CLARK, Circuit Judge.

The learned district judge seems to us to have been influenced by his solution of an issue that did not happen to be before him. The parties are the protagonists in a fifteen year battle.1 The contest began with botany and is ending with geography. The three plaintiffs sell a hardwood which grows in the Philippine Islands and to which they have added the designation "mahogany". The defendants are an association and...

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