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MARTIN v. WYETH

No. 6340.

193 F.2d 58 (1951)

MARTIN v. WYETH, Inc., et al.

United States Court of Appeals Fourth Circuit.

Decided December 5, 1951.

Attorney(s) appearing for the Case

Basel H. Brune, Chicago, Ill. (William H. Hudgins, Baltimore, Md., and Joshua R. H. Potts, Chicago, Ill., on brief), for appellants.

Benjamin B. Schneider, Chicago, Ill. (Michael P. Crocker, Baltimore, Md., R. Howard Goldsmith, Max Dressler and Schneider & Dressler, all of Chicago, Ill., on brief), for appellees.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment for defendant in an action brought to recover damages for infringement of a patent and a trademark and for breach of confidence in an alleged confidential relationship. The patent involved is Patent No. 2,498,374 relating to bougies or suppositories for use in the treatment of mastitis in cows and the method of application which consists merely in inserting the bougies in the teats of the cows. The trademark of plaintiff...

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