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COWLEY v. ANDERSON

No. 3358.

159 F.2d 1 (1947)

COWLEY v. ANDERSON et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied February 28, 1947.

Attorney(s) appearing for the Case

A. W. Trice, of Ada, Okl. (Orel Busby and L. H. Harrell, both of Ada, Okl., and G. M. Barrett and Forrest M. Divine, both of Hugo, Okl., on the brief), for appellant.

Forrester Brewster and Julian B. Fite, both of Muskogee, Okl. (Jay W. Harlan, of Danville, Ky., on the brief), for appellees.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

William C. Anderson and John C. Nichols were engaged in the flour milling business at Danville, Kentucky, under the trade name of Anderson & Spilman. S. L. Cowley was engaged at Hugo, Oklahoma, in the manufacture, sale, and distribution of a poisonous preparation designed to exterminate rats and mice. The product was marketed under a duly registered trademark. In 1939, the parties entered into a written contract which provided among other...

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