PAN AMERICAN WORLD AIRWAYS v. CLIPPER VAN LINES

Civ. No. 10673.

98 F.Supp. 524 (1951)

PAN AMERICAN WORLD AIRWAYS, Inc. v. CLIPPER VAN LINES, Inc. et al.

United States District Court E. D. New York.

June 21, 1951.


Attorney(s) appearing for the Case

Campbell, Brumbaugh, Free & Graves, New York City (Walter H. Free, Henry J. Friendly, New York City, Joseph J. Cantwell, and Gertrude M. Kennedy, New York City, of counsel), for plaintiff's motion; opposed to defendant's cross motion.

Milbank, Tweed, Hope & Hadley, New York City (Cadick & Burns, Indianapolis, Ind., of counsel), opposed to plaintiff's motion; for defendant's cross motion.


BYERS, District Judge.

These are cross motions for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A., which present interesting questions of trademark infringement and unfair competition, as alleged by plaintiff and denied by the sole defendant now in the case.

The record, as made in addition to the pleadings, consists of requests for admission and answers by both parties, and voluminous affidavits pro and con, from all of...

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