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AVRICK v. ROCKMONT ENVELOPE CO.

No. 3227.

155 F.2d 568 (1946)

AVRICK et al. v. ROCKMONT ENVELOPE CO.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied June 14, 1946.

Attorney(s) appearing for the Case

Leslie D. Taggart, of New York City (Elmer L. Brock and John R. Turnquist, both of Denver, Colo., on the brief), for appellant.

Carle Whitehead, of Denver, Colo. (Edward Miller and Albert L. Vogl, both of Denver, Colo., on the brief), for appellee.

Before PHILLIPS, BRATTON and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

The Agency Paper Company, a partnership, as the owner of the trade-mark "Sky-Rite" for air mail stationery, brought this suit to enjoin appellee, Rockmont Envelope Company, from using the words "Sky Mail" on its air mail stationery, both of which are sold to the public through retail outlets. The trial court sustained Rockmont's motion for summary judgment under Rule 56 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, holding...

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