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BAKER v. SIMMONS COMPANY

No. 5962.

307 F.2d 458 (1962)

Abraham (Abe) BAKER as an Individual and also d/b/a Simmonds Upholstering Company, Simmonds Upholstering Co., Inc., Simmonds Sales System, Inc., and New England Upholstering Co., Inc., Defendants, Appellants, v. SIMMONS COMPANY, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

Decided July 20, 1962.

Attorney(s) appearing for the Case

C. Keefe Hurley, Boston, Mass., with whom Earle C. Cooley, Boston, Mass., was on brief, for appellants.

Francis A. Even, Chicago, Ill., with whom William E. Anderson, Chicago, Ill., Michael S. Dukakis, Boston, Mass., Soans, Anderson, Luedeka & Fitch, Chicago, Ill., and Hill, Barlow, Goodale & Adams, Boston, Mass., were on brief, for appellee.

Before HARTIGAN and ALDRICH, Circuit Judges, and GIGNOUX, District Judge.

HARTIGAN, Circuit Judge.

This is an appeal from an injunction issued by the District Court of the United States for the District of Massachusetts on November 16, 1961 in an action involving trademark infringement and unfair competition.

Plaintiff, appellee — the Simmons Company — is one of the nation's leading manufacturers of mattresses and box springs. Plaintiff's predecessor company first began manufacturing beds and bed springs for the public...

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