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BROWN & BIGELOW v. B • B PEN CO.

No. 14323.

191 F.2d 939 (1951)

BROWN & BIGELOW v. B • B PEN CO.

United States Court of Appeals Eighth Circuit.

Rehearing Denied December 3, 1951.

Attorney(s) appearing for the Case

Edmund C. Rogers and Lawrence C. Kingsland, St. Louis, Mo. (Harold Olsen, Estill E. Ezell, St. Louis, Mo., Jack W. Wicks, St. Paul Minn., and Kingsland, Rogers & Ezell, St. Louis, Mo., were with them on the briefs), for appellant.

Lewis E. Lyon, Los Angeles, Cal., for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and COLLET, Circuit Judges.

WOODROUGH, Circuit Judge.

The B • B Pen Company, a California corporation, brought this action in the federal District Court in Minnesota against Brown & Bigelow, a Minnesota corporation, praying for a declaratory judgment to the effect that the defendant was without right to assert, as it was doing and threatening to do, any claim against plaintiff with respect to plaintiff's use of the trade-mark "B • B" on ball point pens manufactured by plaintiff...

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