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HUBER BAKING COMPANY v. STROEHMANN BROTHERS COMPANY

No. 37, Docket 24466.

252 F.2d 945 (1958)

HUBER BAKING COMPANY, Plaintiff-Appellant, v. STROEHMANN BROTHERS COMPANY and Quality Bakers of America Cooperative, Inc., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided February 24, 1958.

Attorney(s) appearing for the Case

Appell, Austin & Gay, New York City (Cyrus Austin, Rogers, Hoge & Hills and Lenore B. Stoughton, New York City, of counsel), for plaintiff-appellant.

Nims, Martin, Halliday, Whitman & Williamson, New York City (John Dashiell Myers and Henry Temin, Philadelphia, Pa., and Carl B. Shelley, Harrisburg, Pa., of counsel), for defendant-appellee Stroehmann Bros. Co.

Greenwald, Kovner & Goldsmith, New York City (Harold Greenwald and Harry Litwin, New York City, of counsel), for defendant-appellee Quality Bakers of America Co-op., Inc.

Before MEDINA, HINCKS and WATERMAN, Circuit Judges.

MEDINA, Circuit Judge.

This is an appeal from the trial court's dismissal of plaintiff Huber Baking Company's complaint. Huber sought an injunction against defendant Stroehmann Brothers Company's alleged trademark infringement and unfair competition, and against the licensing of certain trademarks by Quality Bakers of America Cooperative, Inc. for use in an area allegedly reserved for Huber's exclusive use. Huber also sought an accounting and damages.

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