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MISHAWAKA R. & W. MFG. CO. v. PANTHER-PANCO RUB. CO.

Nos. 4063, 4064.

153 F.2d 662 (1946)

MISHAWAKA RUBBER & WOOLEN MFG. CO. v. PANTHER-PANCO RUBBER CO., Inc. PANTHER-PANCO RUBBER CO., Inc., v. MISHAWAKA RUBBER & WOOLEN MFG. CO.

Circuit Court of Appeals, First Circuit.

Rehearing Denied March 20, 1946.

Attorney(s) appearing for the Case

Richard F. Walker, of Boston, Mass. (Eugene M. Giles, of Chicago, Ill., and Robert J. Keating and Roberts, Cushman & Grover, all of Boston, Mass., of counsel), for Mishawaka Rubber & Woolen Manufacturing Company.

Melvin R. Jenney, of Boston, Mass. (Richard R. Hildreth, of Boston, Mass., of counsel), for Panther-Panco Rubber Co., Inc.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

MAGRUDER, Circuit Judge.

The complaint in this case charges defendant with infringement of a registered trade-mark and with unfair competition. From an interlocutory decree granting in part the relief sought, both parties have appealed.

Plaintiff, Mishawaka Rubber & Woolen Manufacturing Company, is an Indiana corporation, incorporated in 1874, an old-established manufacturer of various kinds of heavy duty footwear bearing rubber soles and heels. These...

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