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BAKER v. SIMMONS COMPANY

No. 6137.

325 F.2d 580 (1963)

Abraham (Abe) BAKER, Individually, and d/b/a Simmonds Upholstering Company, Defendant, Appellant, v. SIMMONS COMPANY, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

December 26, 1963.

Attorney(s) appearing for the Case

James M. Malloy, Boston, Mass., with whom Ralph Warren Sullivan and Malloy, Sullivan & Sullivan, Boston, Mass., were on brief, for appellant.

Francis A. Even, Chicago, Ill., with whom William E. Anderson, James J. Schumann and Anderson, Luedeka, Fitch, Even & Tabin, Chicago, Ill., were on brief, for appellee.

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

HARTIGAN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Massachusetts entered March 19, 1963, awarding plaintiff-appellee, Simmons Company, the amount of $1,094,779.94 damages and counsel fees in an action involving trade-mark infringement and unfair competition.

Defendant-appellant, Abraham Baker, individually and doing business as Simmonds Upholstering Company, was found guilty in the United States...

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