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HUBER BAKING CO. v. STROEHMANN BROS. CO.

No. 69, Docket 22706.

208 F.2d 464 (1953)

HUBER BAKING CO. v. STROEHMANN BROS. CO. et al.

United States Court of Appeals Second Circuit.

Decided December 7, 1953.

Attorney(s) appearing for the Case

Appell, Austin & Gay, New York City, for appellant; Cyrus Austin, Rogers, Hoge & Hills, Lenore B. Stoughton, New York City, of counsel.

Greenwald, Kovner & Goldsmith, New York City, for appellee Quality Bakers of America Cooperative, Inc.; Harold Greenwald, Yonkers, and Harry Litwin, New York City, of counsel.

Nims, Martin, Halliday, Whitman & Williamson, New York City, for appellee Stroehmann Bros. Co.; John Dashiell Myers, Chester C. Baxter, Henry Temin, Philadelphia, Pa., and Carl B. Shelley, Harrisburg, Pa., of counsel.

Before CHASE, Chief Judge, CLARK, Circuit Judge, and BRENNAN, District Judge.

CHASE, Chief Judge.

Invoking the diversity jurisdiction of the court the appellant, a Delaware corporation engaged in the manufacture and sale of bread and other bakery products, sued Stroehmann Brothers Company, a Pennsylvania corporation licensed to do business in New York, and Quality Bakers of America Cooperative, Inc., a New York corporation, of which both the appellant and Stroehmann Brothers Company are members. The complaint alleged trade-mark infringement...

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