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BAYER CO. v. SUMNER PRINTING CO.

No. 4699.

7 F.Supp. 740 (1934)

BAYER CO., Inc., v. SUMNER PRINTING CO. et al.

District Court, N. D. Ohio, E. D.

February 19, 1934.

Attorney(s) appearing for the Case

Holliday, Grossman & McAfee, of Cleveland, Ohio, and Edward S. Rogers, of Chicago, Ill., for plaintiff.

F. E. Shannon, of Akron, Ohio, for defendants Sumner Printing Co., Inc., Akron Engraving Co., and Handy Package Sales Co.

Brouse, Englebeck, McDowell & Bierce, of Akron, Ohio, for defendant Independent Drug Co.

Findings of Fact.

(1) Plaintiff is a citizen of the state of New York. Defendants are citizens of the state of Ohio, and residents and inhabitants of the Northern District of Ohio, Eastern Division. The value of the rights involved in this case is in excess of $3,000, exclusive of interest and costs.

(2) For many years plaintiff has been the owner of trade-marks consisting of the word Bayer, and the word Bayer arranged in the form of a cross, applied to...

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