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GENERAL POOL CORPORATION v. HALLMARK POOL CORPORATION

No. 66 C 754.

259 F.Supp. 383 (1966)

GENERAL POOL CORPORATION, Plaintiff, v. HALLMARK POOL CORPORATION, Robert Hall, and Richard Bryant, Defendants.

United States District Court N. D. Illinois, E. D.

October 19, 1966.

Attorney(s) appearing for the Case

Emanuel Gordon, Chicago, Ill., for plaintiff; Hume, Groen, Clement & Hume, Chicago, Ill., of counsel.

Jerome Gilson, Donald M. Rose, Chicago, Ill., for defendants; Moriarty & Rose, Chicago, Ill., of counsel.

OPINION AND ORDER

AUSTIN, District Judge.

This is a suit seeking an injunction and damages for alleged violations of Section 43(a) of the Lanham Trademark Act, 15 U.S.C. § 1125(a).1 No basis for jurisdiction exists other than Section 39 of the Act, 15 U.S.C. § 1121, since diversity of citizenship among the parties is lacking. Both parties are engaged in interstate commerce. An earlier order of this Court denied plaintiff...

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