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COLSON CORPORATION v. PIERCE MFG. CORPORATION

Civil No. 623.

37 F.Supp. 900 (1941)

COLSON CORPORATION, ELYRIA, OHIO, v. PIERCE MFG. CORPORATION, ANGOLA, N. Y.

District Court, W. D. New York.

March 15, 1941.

Attorney(s) appearing for the Case

Kenefick, Cooke, Mitchell, Bass & Letchworth, of Buffalo, N. Y. (Thomas R. Wheeler, of Buffalo, N. Y., of counsel), for complainant.

Bean, Brooks, Buckley & Bean, of Buffalo, N. Y. (Richard W. Treverton and Edwin T. Bean, both of Buffalo, N. Y., of counsel), for defendant.

KNIGHT, District Judge.

Each of the parties is now and has been for many years engaged in the manufacture of tricycles and other types of kindred items. This suit is brought to restrain the advertising for sale, sale or offering for sale by the defendant of a tricycle claimed to be similar in model or design to a certain tricycle heretofore manufactured, advertised and sold by the complainant. No patent or patented parts are here involved, and no registered trade...

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