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JAMES BURROUGH LTD. v. SIGN OF BEEFEATER, INC.

No. 77-1740.

572 F.2d 574 (1978)

JAMES BURROUGH LIMITED and Kobrand Corporation, Plaintiffs-Appellants, v. SIGN OF the BEEFEATER, INC. and Montgomery Ward & Co., Incorporated, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 1, 1978.

Rehearing and Rehearing Denied May 31, 1978.

Attorney(s) appearing for the Case

Henry W. Lauterstein, New York City, W. Thomas Hofstetter, Chicago, Ill., for plaintiffs-appellants.

Albert E. Jenner, Jr., Chicago, Ill., for defendants-appellees.

Before SWYGERT and CUMMINGS, Circuit Judges, and EAST, Senior District Judge.

Rehearing and Rehearing En Banc Denied May 31, 1978.

PER CURIAM.

For the second time in this trademark infringement case, the plaintiffs-appellants (Distiller) appeal from a judgment in favor of the defendants-appellees (Restaurant). At the initial trial, the district judge granted Restaurant's motion for a directed verdict at the close of the plaintiffs' evidence and dismissed the complaint. We reversed and remanded the case for further proceedings.

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