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MORGENSTERN CHEMICAL CO. v. G. D. SEARLE & CO.

No. 12326.

253 F.2d 390 (1958)

MORGENSTERN CHEMICAL COMPANY, Inc., Appellant, v. G. D. SEARLE & COMPANY.

United States Court of Appeals Third Circuit.

Decided March 12, 1958.

Attorney(s) appearing for the Case

Copal Mintz, New York City, for appellant.

Frederick B. Lacey, Newark, N. J. (Shanley & Fisher, Frank Lewis Bate, Donald A. Robinson, Newark, N. J., Howard P. Robinson, Chicago, Ill., on the brief), for appellee.

Before MARIS, McLAUGHLIN and STALEY, Circuit Judges.

MARIS, Circuit Judge.

The plaintiff, Morgenstern Chemical Company, Inc., appeals from the dismissal of its complaint in the District Court for the District of New Jersey and the entry of judgment in favor of the defendant, G. D. Searle & Company, in an action brought to enjoin the defendant from infringing, a trade-name belonging to the plaintiff and for an accounting of profits. Jurisdiction rests on the diversity of citizenship of the parties. The facts of the...

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