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STREET & SMITH v. ATLAS MFG. CO.

No. 618.

231 U.S. 348 (1913)

34 S.Ct. 73

58 L.Ed. 262

STREET & SMITH, A COPARTNERSHIP, v. ATLAS MANUFACTURING COMPANY.

Supreme Court of United States.

Decided December 1, 1913.

Attorney(s) appearing for the Case

Mr. Hugh K. Wagner and Mr. Leonard J. Langbein, for appellants, in support of petition for certiorari and in opposition to appellees' motion to dismiss or affirm:

Mr. James Love Hopkins and Mr. Nelson Thomas for appellees in opposition to petition for certiorari and in support of motion to dismiss or affirm.

MR. JUSTICE VAN DEVANTER delivered the opinion of the court.

This is an appeal from a decree of a Circuit Court of Appeals directing the dismissal of a suit to enjoin infringement of a registered trade-mark and unfair trade. 204 Fed. Rep. 398. The decree was rendered and the appeal allowed after the Judicial Code, adopted March 3, 1911, 36 Stat. 1087, c. 231, became effective. Our jurisdiction is challenged by a motion to dismiss, and if we have jurisdiction it is...

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