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DONALD F. DUNCAN, INC. v. ROYAL TOPS MANUFACTURING CO.

No. 15851.

381 F.2d 879 (1967)

DONALD F. DUNCAN, INC., Plaintiff-Appellee, v. ROYAL TOPS MANUFACTURING COMPANY, Inc., and Randy Brown, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied September 8, 1967.

Attorney(s) appearing for the Case

Stanley M. Cahn, Cummings & Wyman, Chicago, Ill., for Randy Brown.

Maxwell E. Sparrow, Mark H. Sparrow and Sparrow & Sparrow, New York City, for Royal Tops Mfg. Co.

Owen J. Ooms, Erwin F. Adams, Chicago, Ill., for amicus curiae.

Before HASTINGS, Chief Judge, and KILEY and SWYGERT, Circuit Judges.

Rehearing Denied September 8, 1967, en banc.

SWYGERT, Circuit Judge.

Royal Tops Manufacturing Company, Inc. and Randy Brown appeal from that portion of a judgment of the district court dismissing counterclaims filed by them against Donald F. Duncan, Inc. in a trademark infringement action commenced by Duncan.1 The principal questions are whether the district court had jurisdiction over the subject matter of the counterclaims and...

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