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TAS-T-NUT CO. v. VARIETY NUT & DATE CO.

No. 12923.

245 F.2d 3 (1957)

TAS-T-NUT COMPANY, Appellant, v. VARIETY NUT & DATE COMPANY, Appellee.

United States Court of Appeals Sixth Circuit.

June 10, 1957.

Attorney(s) appearing for the Case

Albert R. Teare, Cleveland, Ohio, Jerome F. Kramer, Cleveland, Ohio, Alfonse J. D'Amico, Detroit, Mich., Bates, Teare & McBean, Cleveland, Ohio, Barnes, Kisselle, Laughlin & Raisch, Detroit, Mich., on brief, for appellant.

Bernard J. Cantor and Daniel G. Cullen, Detroit, Mich., for appellee.

Before MARTIN, MILLER and STEWART, Circuit Judges.

STEWART, Circuit Judge.

The appellant brought this suit in the district court asking for an injunction and money damages. The wrong complained of was the appellee's unfair competition. No trademark infringement was alleged, and federal jurisdiction was grounded exclusively upon diversity of citizenship. Deciding that no unfair competition had been proved, the district court dismissed the complaint. 1956, 136 F.Supp. 775.

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