SMITH v. DENTAL PRODUCTS CO.

Nos. 8278, 8279.

140 F.2d 140 (1944)

SMITH v. DENTAL PRODUCTS CO., Inc., et al. (two cases).

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied February 17, 1944.


Attorney(s) appearing for the Case

James R. McKnight, of Chicago, Ill., Marie K. Saunders, of Washington, D. C., and Harold E. Allport, of Los Angeles, Cal., for Arthur E. Smith.

Max W. Zabel, W. Bayard Jones, Francis V. Healy, and Melvin L. Goldman, all of Chicago, Ill. (Zabel, Carlson, Gritzbaugh & Wells, and Goldman, Allshouse & Healy, all of Chicago, Ill., of counsel), for Dental Products Co. Inc., and others.

Before MAJOR and MINTON, Circuit Judges, and LINDLEY, District Judge.


MAJOR, Circuit Judge.

This is an appeal from a decree of the lower court, entered December 2, 1942, in a suit by plaintiff against defendant1 alleging trade-mark infringement, unfair competition and patent infringement, and to recover damages and profits occasioned by such infringement and unfair acts. The District Court dismissed the complaint so far as it related to trade-mark infringement and...

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