HAYS, Circuit Judge:
Louis Ender, Inc. appeals from an order of the United States District Court for the Southern District of New York granting defendant-appellee General Foods Corporation summary judgment in an action under 15 U.S.C. § 1120 (1970) for "damages sustained in consequence" of appellee's alleged procurement of federal registration of the trademark "Maxim" by false declarations in its application for registration. The district court,
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