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O'DAY CORPORATION v. TALMAN CORPORATION

No. 6034.

310 F.2d 623 (1962)

The O'DAY CORPORATION, Plaintiff, Appellant, v. TALMAN CORPORATION et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

December 6, 1962.

Attorney(s) appearing for the Case

Robert B. Russell, Boston, Mass., with whom Benjamin A. Smith, Providence, R. I., Russell, Chittick & Pfund, Boston, Mass., and Tillinghast, Collins & Tanner, Providence, R. I., were on brief, for appellant.

Edward F. Hindle, Providence, R. I., with whom John H. Chafee and Edwards & Angell, Providence, R. I., were on brief, for appellees.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

This is an action for unfair competition in which the court found for the defendants. We believe the court was essentially correct, both in its careful findings and in its reasons, but because we think it quite possibly erred in excluding certain letters1 we will review the record not on the usual basis of whether appellant has shown the court to have been plainly wrong, but whether it has a case even on its own...

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