BARNES, Circuit Judge.
This is an appeal from the granting of a summary judgment by the trial court. It is a diversity case. (Facts supporting diversity jurisdiction were pleaded, but not that it was such a case.) Defendant-appellee herein originally (in another action) sued plaintiff-appellant herein to enjoin Frolich's use of the trademark "Milk-O-Seltzer," alleging infringement with Miles Laboratories' "Alka-Seltzer" trademark. The district court found no infringement...
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