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AMERICAN-MARIETTA COMPANY v. KRIGSMAN

No. 142, Docket 25789.

275 F.2d 287 (1960)

AMERICAN-MARIETTA COMPANY, Appellant and Appellee, v. Harry KRIGSMAN and Harold Miller D/B/A Jamick Manufacturing Co., Appellees and Appellants.

United States Court of Appeals Second Circuit.

Decided February 16, 1960.

Attorney(s) appearing for the Case

R. Howard Goldsmith, Chicago, Ill., Alexander, Maltitz, Derenberg & Sullivan, Louis Kunin, New York City, for plaintiff-appellant. James W. Clement, Schneider, Dressler, Goldsmith & Clement, Chicago, Ill., of counsel.

Kenyon & Kenyon, New York City, for defendants-appellees. Ralph L. Chappell, Richard A. Huettner, New York City, of counsel.

Before HAND, HINCKS and WATERMAN, Circuit Judges.

HAND, Circuit Judge.

These are appeals by both parties from an interlocutory order of the District Court for the Eastern District of New York (Byers, J. presiding) in an action against the defendants for unfair competition in the sale of "sponge mops." The order refused to enjoin the sale of the defendants' mop under its trade-name "Crown 400 Mop," but did enjoin selling separate sponges as "refills" under the legend: "This refill fits the O-Cedar 76 and Crown 400...

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