LANDSTROM v. THORPE

No. 14224.

189 F.2d 46 (1951)

LANDSTROM et al. v. THORPE et al.

United States Court of Appeals Eighth Circuit.

May 4, 1951.


Attorney(s) appearing for the Case

Julius Skaug, Mobridge, S. D. (H. F. Fellows, Rapid City, S. D., and Pat Morrison, Mobridge, S. D., were with him on the brief) for appellants.

R. E. Driscoll, Jr., Rapid City, S. D., and Holton Davenport, Sioux Falls, S. D., for appellees.

Before GARDNER, Chief Judge, and THOMAS and RIDDICK, Circuit Judges.


THOMAS, Circuit Judge.

This is an appeal by the defendants from a judgment for the plaintiffs entered upon the verdict of a jury for $15,000 actual damage and $10,000 exemplary damage. The complaint was in one count. Damages were demanded for wrongful registration of the trade-mark "Black Hills Gold", and for unfair competition. Defendants' motion for a directed verdict was overruled.

The plaintiffs are doing business as a partnership under the firm name of...

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