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SWITZERLAND CHEESE ASSOCIATION v. E. HORNE'S MARKET, INC.

No. 6523.

351 F.2d 552 (1965)

SWITZERLAND CHEESE ASSOCIATION, Inc., et al., Plaintiffs, Appellants, v. E. HORNE'S MARKET, INC., Defendant, Appellee.

United States Court of Appeals First Circuit.

Decided October 19, 1965.

Attorney(s) appearing for the Case

David Toren, John J. McGlew, New York City, George L. Greenfield, Boston, Mass., Moses, McGlew & Toren, New York City and Wolf, Greenfield & Hieken, Boston, Mass., on brief for appellants.

Harold E. Cole, Boston, Mass., on brief for appellee.

Before ALDRICH, Chief Judge, HAMLIN, Senior Circuit Judge, and McENTEE, Circuit Judge.

ALDRICH, Chief Judge.

This is an action for trademark infringement and unfair competition in which jurisdiction is posited upon the trademark laws, 15 U.S.C. § 1051 et seq. The complaint sought a temporary and a permanent injunction and an accounting for damages. Prior to trial plaintiffs moved, on affidavits and counter-affidavits, for a summary judgment granting a permanent injunction. The district court, upon consideration, denied the motion. Plaintiffs appeal...

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