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FEDERAL-MOGUL-BOWER BEARINGS, INC. v. AZOFF

No. 14920.

313 F.2d 405 (1963)

FEDERAL-MOGUL-BOWER BEARINGS, INC., Plaintiff-Appellant, v. Martin AZOFF, Harry Kekst, Hilmar Rosenthal, jointly and severally and as copartners doing business as and under the name and style of Cuyahoga Auto Parts & Salvage, Cuyahoga Motor Remanufacturers, Cuyahoga Auto Parts, Cuyahoga Auto Wrecking, Tepco Truck Engine Parts, and Tepco Engine Remanufacturing Division, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

February 15, 1963.

Attorney(s) appearing for the Case

Arthur W. Dickey, Detroit, Mich. (Harness, Dickey & Pierce, Detroit, Mich., on the brief), for appellant.

John C. Oberlin, Cleveland, Ohio (Oberlin, Maky & Donnelly, Cleveland, Ohio, of counsel, on brief), for appellees.

Before McALLISTER, WEICK and O'SULLIVAN, Circuit Judges.

McALLISTER, Circuit Judge.

Appellant seeks review of an order dismissing its complaint on the ground that it did not state a cause of action. It is the contention of appellant that it alleged in its complaint sufficient facts to maintain its claim against appellees, for false description and representation, under the Lanham Act, 15 U.S.C.A. § 1125(a).

The above section of the Lanham Act provides:

"False designations of origin and false descriptions...

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