FRUIT GROWERS CO-OP. v. M. W. MILLER & CO.

No. 9552.

170 F.2d 834 (1948)

FRUIT GROWERS CO-OP. v. M. W. MILLER & CO. et al.

United States Court of Appeals Seventh Circuit.

Rehearing Denied December 16, 1948.


Attorney(s) appearing for the Case

S. L. Wheeler, of Milwaukee, Wis., and Robert P. Stebbins, of Green Bay, Wis., for appellants.

Lougee Stedman, of Sturgeon Bay, Wis., for appellee.

Before SPARKS and MINTON, Circuit Judges and LINDLEY, District Judge.


LINDLEY, District Judge.

Plaintiff brought suit against defendants for infringement of the trade-mark "Sturgeon Bay" as applied to containers of red cherries, and for unfair competition.

Plaintiff, engaged principally in the business of packing, canning and handling red sour cherries, sells its produce in various areas throughout the United States. The defendants include two Wisconsin corporations, of which the other defendant, M. W. Miller is president, manager...

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