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SUNBEAM FURNITURE CORP. v. SUNBEAM CORP.

No. 12628.

191 F.2d 731 (1951)

SUNBEAM FURNITURE CORP. et al. v. SUNBEAM CORP.

United States Court of Appeals Ninth Circuit.

September 12, 1951.

Attorney(s) appearing for the Case

Huebner, Beehler, Worrel & Herzig and Vernon D. Beehler, all of Los Angeles, Cal. (Herbert A. Huebner, Los Angeles, Cal., of counsel) for appellant.

Rogers & Woodson, William T. Woodson, Beverly W. Pattishall, and Lewis S. Garner all of Chicago, Ill. (John F. McCanna, Chicago, Ill. and Lyon & Lyon, Reginald E. Caughey, all of Los Angeles, Cal., of counsel), for appellee.

Before STEPHENS, POPE, Circuit Judges, and JAMES ALGER FEE, District Judge.

PER CURIAM.

We have before us a petition for a rehearing of the appeal in the above entitled case upon the part of the defendant below. The defendant-appellant thinks it is unfairly restrained because the Expert Lamps, Inc., manufacturers of the lamps bearing the mark "Sunbeam", has not defended its right to use such mark and that the restraint limits appellant from handling the lamp bearing such mark while other dealers are not so limited. Our response is that litigation...

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