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PACHMAYR GUN WKS., INC. v. OLIN MATHIESON CHEM. CORP., ETC.

Nos. 71-2075, 71-2812.

502 F.2d 802 (1974)

PACHMAYR GUN WORKS, INC., a corporation, and Firearm Accessories, Inc., a corporation d/b/a the Mershon Co., Inc., Plaintiffs-Appellants, v. OLIN MATHIESON CHEMICAL CORP. WINCHESTER WESTERN DIVISION, a corporation, Defendant-Appellee. PACHMAYR GUN WORKS, INC., a corporation, and Firearm Accessories, Inc., a corporation d/b/a the Mershon Co., Inc., Plaintiffs-Appellees, v. OLIN MATHIESON CHEMICAL CORP., WINCHESTER WESTERN DIVISION, a corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 12, 1974.

Attorney(s) appearing for the Case

Robert E. Lyon (argued), Lyon & Lyon, Los Angeles, Cal., for plaintiffs-appellants.

W. Brown Morton, Jr. (argued), Washington, D. C., Harlan P. Huebner, Huebner & Worrel, Los Angeles, Cal., N. Dale Sayre, McLean, Morton & Boustead, New York City, for defendant-appellee.

Before BROWNING and ELY, Circuit Judges, and GORDON THOMPSON, Jr., District Judge.

OPINION

GORDON THOMPSON, Jr., District Judge:

These appeals arise from an action for injunctive relief and damages based on trademark infringement and unfair competition. Jurisdiction was properly laid in the District Court by virtue of the Lanham Act (15 U.S.C. § 1051 et seq.) and 28 U.S.C. § 1338(a), (b). Jurisdiction here is under 28 U.S.C. § 1291 and 15 U.S.C. § 1121.

Plaintiffs appeal from the judgment below holding their...

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