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JOHN ROBERTS MFG. CO. v. UNIVERSITY OF NOTRE DAME DU LAC

No. 12157.

258 F.2d 256 (1958)

JOHN ROBERTS MANUFACTURING COMPANY, Plaintiff-Appellant, v. UNIVERSITY OF NOTRE DAME DU LAC, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

August 15, 1958.

Attorney(s) appearing for the Case

Gerald A. Kamm, South Bend, Ind., W. Houston Kenyon, Jr., New York City (Kenyon & Kenyon, New York City, Doran, Manion, Boynton & Kamm, South Bend, Ind., of counsel), for appellant.

Louis C. Chapleau, Eugene C. Knoblock, South Bend, Ind., for appellee.

Before DUFFY, Chief Judge, and MAJOR and HASTINGS, Circuit Judges.

MAJOR, Circuit Judge.

Plaintiff by this action, predicated upon the Declaratory Judgment Act (Title 28 U.S.C.A. Sec. 2201), sought a judgment declaring that the sale of its "Notre Dame Class Rings" did not constitute unfair competition with or invade any property right of defendant. Defendant answered the complaint and interposed four counterclaims. Counts 1 and 2 alleged unfair competition on the part of plaintiff; count 3, application of a false description of goods...

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