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RYTEX CO. v. RYAN

No. 7807.

126 F.2d 952 (1942)

RYTEX CO. v. RYAN et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied April 27, 1942.

Attorney(s) appearing for the Case

Verne A. Trask and Thos. P. Jenkins, both of Indianapolis, Ind., Milton T. Miller, of Chicago, Ill., and Schley & Trask, of Indianapolis, Ind. (Wilkinson, Huxley, Byron & Knight, of Chicago, Ill., of counsel), for plaintiff-appellant.

Carl S. Lloyd and Kirkland, Fleming, Green, Martin & Ellis, all of Chicago, Ill., for defendants-appellees.

Before MAJOR, KERNER, and MINTON, Circuit Judges.

MAJOR, Circuit Judge.

This is an appeal from a decree, entered June 26, 1941, allowing defendants' motion to dismiss plaintiff's complaint which alleged trademark infringement and unfair competition. Defendants, by answer, denied the charges and a hearing was had to the court on oral and deposition testimony. No evidence was offered on behalf of the defendants as the motion to dismiss was allowed at the conclusion of the plaintiff's evidence.

Plaintiff, the...

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