ZEPHYR AMERICAN CORPORATION v. BATES MFG. CO.

No. 7843.

128 F.2d 380 (1942)

ZEPHYR AMERICAN CORPORATION v. BATES MFG. CO. et al.

Circuit Court of Appeals, Third Circuit.

Decided May 15, 1942.


Attorney(s) appearing for the Case

Samuel E. Darby, Jr., of New York City, and Wall, Haight, Carey & Hartpence, of Jersey City, N. J. (Donald J. Overocker, of New York City, of counsel), for appellant.

Newton A. Burgess, of New York City (Gifford, Scull & Burgess, of New York City, on the brief), for appellee.

Before BIGGS, JONES, and GOODRICH, Circuit Judges.


JONES, Circuit Judge.

The plaintiff, Zephyr American Corporation (hereinafter referred to as "Zephyr"), brought the instant suit under the Declaratory Judgments Act1 against the Bates Manufacturing Company (hereinafter referred to as "Bates") and one Edmund W. A. Peter, charging them with unfair competition and seeking an injunction restraining the alleged unfair practices, an accounting for the damages Zephyr claims to have suffered as...

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