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STAHLY, INC. v. M. H. JACOBS CO.

No. 10047.

183 F.2d 914 (1950)

STAHLY, Inc. v. M. H. JACOBS CO. et al.

United States Court of Appeals Seventh Circuit.

Rehearing Denied August 15, 1950.

Attorney(s) appearing for the Case

Jules L. Brady, John Rex Allen, Chicago, Ill., Schroeder, Merriam, Hofgren & Brady, Chicago, Ill., for appellant.

Albert F. Mecklenburger, Sidney Neuman, Arthur B. Seibold, Jr., all of Chicago, Ill., for appellee.

Before DUFFY, FINNEGAN and LINDLEY, Circuit Judges.

LINDLEY, Circuit Judge.

Plaintiff, an Indiana corporation engaged in the sale of mechanical razors under the trade-marks "Stahly" and "Live Blade," instituted this suit to enjoin defendants from selling razors with plaintiff's trade-marks impressed thereon, contending that such sales were violative of its trade-mark and fair trade rights. The District Court, upon defendants' motion for summary judgment, dismissed the complaint, holding that plaintiff had waived its...

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