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JAMES HEDDON'S SONS v. MILLSITE STEEL & WIRE WORKS

No. 8934.

128 F.2d 6 (1942)

JAMES HEDDON'S SONS v. MILLSITE STEEL & WIRE WORKS, Inc.

Circuit Court of Appeals, Sixth Circuit.

May 6, 1942.

Attorney(s) appearing for the Case

Ephraim Banning and Samuel W. Banning, both of Chicago, Ill. (Lloyd D. Heth and Laurence I. Wood, both of Chicago, Ill., on the brief), for appellant.

Willis Bugbee, of Detroit, Mich. (Barthel & Bugbee, Otto F. Barthel, and Julian Caplan, all of Detroit, Mich., on the brief), for appellee.

Before HAMILTON, MARTIN, and McALLISTER, Circuit Judges.

HAMILTON, Circuit Judge.

Appellant, plaintiff below, appeals from a decree dismissing its petition. The action commenced as a suit for the infringement of Jamar patent No. 1,892,892, relating to artificial fishing bait, and Wooster design patent No. 93,370, in the same art; also for infringement of registered trademark No. 154,046, "Head-On Basser" and for infringement of trademark No. 345,384, consisting of a red stripe applied to one or more edges of boxes or labels...

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