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J. S. TYREE CHEMIST v. THYMO BORINE LABORATORY

No. 8831.

151 F.2d 621 (1945)

J. S. TYREE, CHEMIST, Inc., v. THYMO BORINE LABORATORY.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied November 28, 1945.

Attorney(s) appearing for the Case

Curtis B. Morsell and A. L. Morsell, Jr., both of Milwaukee, Wis., and Arthur E. Dowell, Jr., of Washington, D. C., for appellant.

Ira Milton Jones, of Milwaukee, Wis., for appellee.

Before EVANS, MAJOR, and KERNER, Circuit Judges.

KERNER, Circuit Judge.

This is an appeal from a decree dismissing plaintiff's complaint which charged defendant with unfair competition and infringement of its registered trade-marks.

Plaintiff, J. S. Tyree, Chemist, Inc., has for many years been engaged in the manufacture and sale, in various states of the Union, including Wisconsin, of an antiseptic adapted for use in solution. Plaintiff is the owner of three trade-marks — "Tyree's Powder" dated December...

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