J. SPENCER BELL, Circuit Judge.
This is an appeal from a judgment of the District Court tried without a jury in which the Court found for the defendant.
The plaintiff purchased from the defendant, a retail merchant, a pair of bedroom slippers. The slippers were a trademarked item of merchandise packaged in a transparent cellophane wrapper and sold under the trade name "Angel Treads". Although the plaintiff did not open the package containing the shoes she...
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