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STERLING BREWING v. COLD SPRING BREWING CORP.

Civ. A. No. 50-233.

100 F.Supp. 412 (1951)

STERLING BREWING, Inc. v. COLD SPRING BREWING CORP.

United States District Court D. Massachusetts.

July 2, 1951.

Attorney(s) appearing for the Case

Richard F. Walker, Boston, Mass., Francis C. Browne, Jewett, Mead & Browne, Washington, D. C., for plaintiff.

Cedric W. Porter, Boston, Mass., for defendant.

McCARTHY, District Judge.

1. This is an action for trade-mark infringement and unfair competition. The plaintiff has waived an accounting for damages.

2. The plaintiff is a corporation organized under the laws of Indiana, having its usual place of business in Evansville, Indiana. Its business was founded prior to 1894 when it was taken over by plaintiff's immediate predecessor in business, the Evansville Brewing Association, an Indiana corporation.

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