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TRI-STATE PLASTIC MOLDING CO. v. RUZAK INDUSTRIES

Nos. 10997, 10998.

181 F.2d 809 (1950)

TRI-STATE PLASTIC MOLDING CO. v. RUZAK INDUSTRIES, Inc. RUZAK INDUSTRIES, Inc., v. TRI-STATE PLASTIC MOLDING CO.

United States Court of Appeals Sixth Circuit.

As Amended on Denial of Rehearing May 31, 1950.

Attorney(s) appearing for the Case

Eugene B. Cochran, Louisville, Ky., and William Freudenreich, Chicago, Ill., Charles G. Middleton, and Edwin G. Middleton, Louisville, Ky., on the brief; Middleton, Seelbach, Wolford, Willis & Cochran, Louisville, Ky. (of counsel), for Tri-State Plastic Molding Co.

Ernest Woodward, Louisville, Ky. (Ernest Woodward II, Louisville, Ky., on the brief; Herbert X. Blum, New York City, Woodward, Hobson & Fulton, Louisville, Ky., of counsel), for Ruzak Industries, Inc.

Before HICKS, Chief Judge and SIMONS and MARTIN, Circuit Judges.

HICKS, Chief Judge.

It is well to make it clear at the outset that this was not an action for infringement of a patent or violation of a trademark. The crux of it is "unfair competition."

The Ward Baking Company (herein called Ward) is one of the largest bakers of cakes in the country. Herman S. Zaikaner was a promoter and salesman. Ruzak Industries, Inc., appellee and cross-appellant, a corporation (herein called...

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