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FEDERAL GLASS COMPANY v. LOSHIN

No. 220, Docket 23226.

224 F.2d 100 (1955)

The FEDERAL GLASS COMPANY, Plaintiff-Appellant, v. Samuel LOSHIN and Nathan Loshin, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided June 2, 1955.

Attorney(s) appearing for the Case

Thew Wright, Jr., of Wiggin & Dana, New Haven, Conn. (John W. Barnett, New Haven, Conn., and John J. Mahoney, of Corbett, Mahoney & Miller, Columbus, Ohio, on the brief), for plaintiff-appellant.

Irving Levine, of Spiro & Levine, Danbury, Conn. (Abram W. Spiro, Danbury, Conn., on the brief), for defendants-appellees.

Before CLARK, Chief Judge, MEDINA, Circuit Judge, and DIMOCK, District Judge.

CLARK, Chief Judge.

Plaintiff appeals from a denial of its motion for summary judgment in an action for unfair competition based on the identity of company names used by the plaintiff and by the defendants. Both call themselves The Federal Glass Company, although they deal in very different products, the plaintiff manufacturing glass tumblers and dinnerware, and the defendants producing and installing glass plate and windowpanes. Plaintiff is a corporation conducting...

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