MARIS, Circuit Judge.
The plaintiff, Simmonds Aerocessories, Ltd., appeals from a judgment entered in the District Court for the District of New Jersey, upon the motion of the defendant, Elastic Stop Nut Corporation of America, dismissing the first count of its complaint. Jurisdiction was based upon diversity of citizenship and the trademark laws of the United States. The complaint consists of two counts. From the complaint and the affidavits submitted to the district...
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