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ZWACK v. KRAUS BROS. & CO.

No. 349, Docket 23931.

237 F.2d 255 (1956)

John ZWACK, Bela Zwack and Dora Zwack, as co-partners doing business as J. Zwack & Company, Appellees, v. KRAUS BROS. & CO., Inc., Appellant.

United States Court of Appeals Second Circuit.

Decided October 2, 1956.

Attorney(s) appearing for the Case

Paul L. Ross, Wolf, Popper, Ross, Wolf & Jones, New York City, for appellant.

George A. Spiegelberg, Strasser, Spiegelberg, Fried & Frank, New York City (Peter J. Ryan, New York City, of counsel), for appellee John Zwack.

Otto C. Sommerich, Katz & Sommerich, New York City (Benjamin Busch, New York City, of counsel), for appellees Bela Zwack and Dora Zwack.

Before CLARK, Chief Judge, and HINCKS and WATERMAN, Circuit Judges.

HINCKS, Circuit Judge.

This is an appeal from a decree entered in the Southern District of New York in favor of plaintiffs1 in an action for the collection of a pre-existing indebtedness and for damages and an accounting of damages and profits resulting from trade-mark infringement and unfair competition. The defendant's appeal not only challenges the decree on its merits but also assigns as errors various rulings on evidence and two preliminary...

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