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DONSCO, INC. v. CASPER CORP.

Nos. 77-2549, 77-2550.

587 F.2d 602 (1978)

DONSCO, INC., trading as John Wright, Inc., a Pennsylvania Corporation, Appellant and Cross-Appellee, v. CASPER CORPORATION, a New York Corporation and Casper Pinsker, Individually and doing business as Casper Imports, Appellees and Cross-Appellants.

United States Court of Appeals, Third Circuit.

Decided October 31, 1978.

Attorney(s) appearing for the Case

Manny D. Pokotilow, Caesar, Rivise, Bernstein & Cohen, Ltd., Philadelphia, Pa., for plaintiff-appellant and cross-appellee.

J. Stokes Adams, III, Hepburn, Ross, Wilcox & Putnam, Philadelphia, Pa., Marie V. Driscoll, Jeffrey W. Herrmann, Rogers, Hoge & Hills, New York City, for defendants-appellees and cross-appellants.

Before ADAMS, WEIS and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This case involves a conflict between two merchants dealing in reproductions of a very special type of Americana, mechanical penny banks from the turn of the century. Donsco, Inc. trading as John Wright, Inc. [Donsco] brought this action against Casper Corporation [Casper], Casper Pinsker [Pinsker] individually and Casper Pinsker doing business as Casper Imports, alleging that defendants have...

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