ELM CORPORATION v. E. M. ROSENTHAL JEWELRY CO.

Nos. 9236, 9237, No. 9238.

161 F.2d 902 (1947)

ELM CORPORATION et al. v. E. M. ROSENTHAL JEWELRY CO. et al.

United States Court of Appeals District of Columbia.

Decided May 26, 1947.


Attorney(s) appearing for the Case

Mr. G. Bowdoin Craighill, of Washington, D. C., and Mr. Victor W. Klein, of Detroit, Mich., pro hac vice, by special leave of Court, with whom Messrs. John S. Flannery and Llewellyn C. Thomas, both of Washington, D. C., were on the brief, for the Elm Corporation and Edwin M. Rosenthal, appellants in No. 9236, appellees in Nos. 9237 and 9238.

Mr. Simon Hirshman, of Washington, D. C., entered an appearance for the E. M. Rosenthal Jewelry Co., appellee in No. 9236.

Mr. James C. Wilkes, of Washington, D. C., with whom Mr. George A. Glasgow, of Washington, D. C., was on the brief, for Marcus S. Goldnamer and Helen Goldnamer, appellants in No. 9238 and appellees in Nos. 9236 and 9237.

Mr. Spencer Gordon, of Washington, D. C., with whom Miss Eleanor Sessoms, of Washington, D. C., was on the brief, for Edmund I. Kaufmann et al., appellants in No. 9237, appellees in Nos. 9236 and 9238.

Mr. Charles A. Horsky, of Washington, D. C., also entered an appearance for Edmund I. Kaufmann, and others.

Before GRONER, Chief Justice and CLARK and PRETTYMAN, Associate Justices.


CLARK, Associate Justice.

This case involves a nation-wide chain of credit jewelry shops known as the Kay Jewelry Stores. The many Kay stores1 themselves are not parties to this suit, but their conception and creation go to the very essence of the plaintiffs' claim. The case comes to us on an appeal, consolidated with two cross-appeals, from a judgment of the District Court in an action by the...

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