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R. M. PALMER COMPANY v. LUDEN'S, INC.

No. 11652.

236 F.2d 496 (1956)

R. M. PALMER COMPANY v. LUDEN'S, Inc., Appellant.

United States Court of Appeals Third Circuit.

Reargued April 10, 1956.

Decided August 22, 1956.

Attorney(s) appearing for the Case

Kennard N. Ware, Philadelphia, Pa. (Howson & Howson, Philadelphia, Pa., on the brief), for appellant.

Henry N. Paul, Jr., Philadelphia, Pa. (Robert B. Frailey, Paul & Paul, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and MARIS, GOODRICH, McLAUGHLIN, KALODNER, STALEY and HASTIE, Circuit Judges.

KALODNER, Circuit Judge.

The R. M. Palmer Company, a Pennsylvania corporation, brought this action against Luden's, Inc., also a Pennsylvania corporation, charging infringement of four design patents covering chocolate novelties in the form of a rabbit, a duck, a squirrel and a lamb,1 and further charging unfair competition. The defendant denied infringement and unfair competition, and attacked the validity of the design patents. The District...

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