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NEBRASKA CONSOL. MILLS CO. v. SHAWNEE MILLING CO.

No. 4395.

198 F.2d 36 (1952)

NEBRASKA CONSOL. MILLS CO. v. SHAWNEE MILLING CO.

United States Court of Appeals Tenth Circuit.

June 30, 1952.

Attorney(s) appearing for the Case

Gerrit P. Groen, Chicago, Ill. (James P. Hume, Chicago, Ill., and Byrne Bowman, Oklahoma City, Okl., on the brief), for appellant.

Kenneth Abernathy, Shawnee, Okl. (Abernathy & Abernathy and G. C. Abernathy, Shawnee, Okl., on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.

PHILLIPS, Chief Judge.

Nebraska Consolidated Mills Company1 brought this action against Shawnee Milling Company2 for alleged trade-mark infringement and unfair competition. Both Consolidated and Shawnee are engaged in the manufacture and sale of high-grade family flour and other wheat products. Each competes with the other in the sale of its products throughout the Southern states of the United States, and...

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