MR. CHIEF JUSTICE FULLER delivered the opinion of the court.
It was stipulated in the Circuit Court that this cause should abide the event of Holt v. Menendez, ante, 514, just decided, and the same decree in favor of complainants was, therefore, rendered in this as in that case. But it is now assigned for error that, as defendant and complainants below were citizens of the same State, and the bill did not allege that the trade-mark in controversy was...
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