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CHESTER H. ROTH, INC. v. ESQUIRE, INC.

No. 28, Docket 21650.

186 F.2d 11 (1951)

CHESTER H. ROTH, Inc. v. ESQUIRE, Inc.

United States Court of Appeals Second Circuit.

Decided January 17, 1951.

Attorney(s) appearing for the Case

Mock & Blum and Asher Blum, all of New York City, for Chester H. Roth Co., Inc.

Cravath, Swaine & Moore, New York City (Bruce Bromley, Harold R. Medina, Jr. and Albert Rosenblum, all of New York City, of counsel), for Esquire, Inc.

Before AUGUSTUS N. HAND, CHASE and FRANK, Circuit Judges.

CHASE, Circuit Judge.

These parties disagreed as to the validity and effect of a contract, executed on July 21, 1938, by their immediate predecessors, governing their joint use and protection of a trade-mark. The plaintiff, a New York corporation, brought this suit against the defendant, a Delaware corporation, on January 21, 1947, for a declaratory judgment to establish that it was not bound by the contract; the defendant sought by counterclaim to have the plaintiff...

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