COLE CHEMICAL CO. v. COLE LABORATORIES

No. 8832(2).

118 F.Supp. 612 (1954)

COLE CHEMICAL CO. v. COLE LABORATORIES, Inc. et al.

United States District Court E. D. Missouri, E. D.

February 8, 1954.


Attorney(s) appearing for the Case

Bruninga & Sutherland, John H. Sutherland and Philip B. Polster, St. Louis, Mo., for plaintiff.

Kingsland, Rogers & Ezell, Estill E. Ezell and Glenn K. Robbins, St. Louis, Mo., Dubail & Judge, St. Louis, Mo., of counsel, for defendant.


HULEN, Judge.

Plaintiff seeks an injunction to enforce compliance with a contract made in settlement of a trade-mark controversy in 1941. In the alternative plaintiff would abandon the contract, recover damages for unfair competition, and ask for injunctive relief against use of plaintiff's trade-mark. Both diversity and federal law, together with amount in controversy, give the court jurisdiction.

Defendant affirms the contract and pleads estoppel resulting...

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