JUDSON DUNAWAY CORPORATION v. HYGIENIC PRODUCTS CO.

Nos. 4440, 4441.

178 F.2d 461 (1949)

JUDSON DUNAWAY CORPORATION v. HYGIENIC PRODUCTS CO. HYGIENIC PRODUCTS CO. v. JUDSON DUNAWAY CORPORATION.

United States Court of Appeals First Circuit.

December 15, 1949.


Attorney(s) appearing for the Case

John P. Carleton, Manchester, New Hampshire, (Manvel Whittemore, New York City, McLane, Davis, Carleton & Graf, Manchester, New Hampshire, and Emery, Varney, Whittemore & Dix, New York City, with him on brief) for Judson Dunaway Corporation, defendant.

Irving H. Soden, Concord, New Hampshire, (Frank J. Sulloway, Concord, New Hampshire, Harry Frease and Joseph Frease, Canton, Ohio, Sulloway, Piper, Jones, Hollis & Godfrey, Concord, New Hampshire, and Frease & Bishop, Canton, Ohio, with him on brief) for The Hygienic Products Company, plaintiff.

Before MAGRUDER, Chief Judge, WOODBURY, Circuit Judge, and CLIFFORD, District Judge.


WOODBURY, Circuit Judge.

These are cross appeals from a final judgment entered by the United States District Court for the District of New Hampshire in a suit for trade-mark infringement and unfair competition. Federal jurisdiction over both causes of action under 28 U.S.C.A. § 1338(a) and (b) and under its predecessor statute and the rule of Hurn v. Oursler, 289 U.S. 238, 53 S.Ct. 586...

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