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PURITY CHEESE CO. v. FRANK RYSER CO.

No. 8760.

153 F.2d 88 (1946)

PURITY CHEESE CO. v. FRANK RYSER CO. et al.

Circuit Court of Appeals, Seventh Circuit.

January 25, 1946.

Attorney(s) appearing for the Case

S. L. Wheeler, of Milwaukee, Wis., for appellant.

Louis Quarles, of Milwaukee, Wis., and Richard Russel Wolfe, of Chicago, Ill. (Carlson, Pitzner, Hubbard & Wolfe, of Chicago, Ill., and Lines, Spooner & Quarles, of Milwaukee, Wis., of counsel), for appellees.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.

KERNER, Circuit Judge.

Plaintiff filed its complaint against defendants for infringing its registered trademark "May-Bud" and for unfair competition. Defendants move for summary judgment. The District Court sustained the motion and entered a judgment for costs against plaintiff. From that judgment, this appeal is prosecuted.

The complaint and bill of particulars alleged that since July 12, 1940, plaintiff has used its trade-mark in connection with dairy products...

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