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SURGICAL SUPPLY SERVICE, INC. v. ADLER

No. 14130.

321 F.2d 536 (1963)

SURGICAL SUPPLY SERVICE, INC., Appellee, v. Sol H. ADLER, Individually and Trading as Adler Surgical Supply Company, Appellant.

United States Court of Appeals Third Circuit.

Decided June 28, 1963.

Rehearing Denied September 17, 1963.

Attorney(s) appearing for the Case

Louis Necho, Philadelphia, Pa. (Sol H. Kitei, Philadelphia, Pa., on the brief), for appellant.

Charles Polis, Philip S. Polis, Philadelphia, Pa., for appellee.

Before GANEY and SMITH, Circuit Judges, and AUGELLI, District Judge.

WILLIAM F. SMITH, Circuit Judge.

This is an action for copyright infringement and unfair competition. The jurisdiction of the District Court was invoked under section 1338 of Title 28 U.S.C. The court below properly held the copyright invalid but found the appellant guilty of unfair competition. The present appeal is from only that portion of the judgment which enjoins the appellant from continuing certain practices held to constitute unfair competition. The adjudication...

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