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STEWART PAINT MFG. CO. v. UNITED HARDWARE DISTRIB. CO.

No. 15712.

253 F.2d 568 (1958)

STEWART PAINT MFG. CO., a corporation, Appellant, v. UNITED HARDWARE DISTRIBUTING CO., a corporation, Appellee.

United States Court of Appeals Eighth Circuit.

March 25, 1958.

Attorney(s) appearing for the Case

Arthur S. Caine, Minneapolis, Minn., for appellant.

Wright W. Brooks, Minneapolis, Minn., (Faegre & Benson, Minneapolis, Minn., with him on the brief) for appellee.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.

JOHNSEN, Circuit Judge.

The suit is one for an injunction against trademark infringement and unfair competition. Jurisdiction is without diversity basis, and so rests entirely on 28 U.S.C.A. § 1338 and 15 U.S.C.A. § 1121. The trial court, on opinion reported in 141 F.Supp. 638, denied appellant any relief.

Appellee says here that the case involves no issue as to the validity of appellant's trademark. It further...

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