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MERSHON COMPANY v. PACHMAYR

No. 13334.

220 F.2d 879 (1955)

MERSHON COMPANY, Appellant, v. Frank A. PACHMAYR, and Frank A. Pachmayr, doing business under the fictitious firm name and style of Pachmayr Gun Works, Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 15, 1955.

Attorney(s) appearing for the Case

Mason & Graham, Collins Mason, William R. Graham, Los Angeles, Cal., Snyder & Fletcher, W. Cloyd Snyder, Louis T. Fletcher, South Pasadena, Cal., for appellant.

Edward Hervey, Los Angeles, Cal., Donald W. Hamblin, Pasadena, Cal., for appellee.

Before STEPHENS and CHAMBERS, Circuit Judges, and McLAUGHLIN, District Judge.

STEPHENS, Circuit Judge.

Mershon Company, Inc., failed in its action for a judgment in the United States District Court against defendant Frank A. Pachmayr, individually, and as Frank A. Pachmayr, d.b.a. Pachmayr Gun Works, in which trade mark infringement and unfair competition by the defendant was claimed, and Mershon appealed. Herein we shall refer to Mershon as appellant or sometimes as Mershon, and to Pachmayr as appellee or sometimes as Pachmayr.

Since...

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