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EVEREST & JENNINGS, INC. v. E & J MANUFACTURING CO.

No. 15922.

263 F.2d 254 (1958)

EVEREST & JENNINGS, INC., a corporation, Appellant, v. E & J MANUFACTURING COMPANY, a corporation, Appellee. E & J MANUFACTURING COMPANY, a corporation, Appellant, v. EVEREST & JENNINGS, INC., a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 2, 1959.

Attorney(s) appearing for the Case

Fred H. Miller, Allan D. Mockabee, Los Angeles, Cal., for appellant.

Lyon & Lyon, Frederick W. Lyon, Los Angeles, Cal., for appellee.

Before BARNES, HAMLEY and JERTBERG, Circuit Judges.

JERTBERG, Circuit Judge.

There are cross appeals before us in this case. Everest & Jennings, Inc., a corporation — defendant below and appellant and cross-appellee here — appealed from the judgment of the court below holding that E & J Manufacturing Company, a corporation — plaintiff below and appellee and cross-appellant here — was the owner of the trade-mark "E & J"; that the trade-mark was good and valid in law; and was infringed...

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