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ELIZABETH ARDEN, INC. v. BROWN

No. 7151.

107 F.2d 938 (1939)

ELIZABETH ARDEN, Inc., et al. v. BROWN et al.

Circuit Court of Appeals, Third Circuit.

November 28, 1939.

Attorney(s) appearing for the Case

A. Evans Kephart, of Philadelphia, Pa., Harvey H. Steckel, of Allentown, Pa., and Robert T. McCracken, of Philadelphia, Pa. (Butz, Steckel & Rupp, of Allentown, Pa., and Montgomery & McCracken, of Philadelphia, Pa., of counsel), for appellant, Leh & Co.

Harry R. Axelroth, of Philadelphia, Pa. (Axelroth & Porteous, of Philadelphia, Pa., of counsel), for appellant Elizabeth Arden, Inc.

George H. Detweiler, of Philadelphia, Pa., for appellees.

Before BIDDLE, JONES, and BUFFINGTON, Circuit Judges.

BIDDLE, Circuit Judge.

This suit involves the liability of both a manufacturer and a store for the sale of a toilet preparation.

On June 9, 1936, Ruth R. Brown, the appellee, asked the sales girl at the cosmetic counter of H. Leh & Co., a department store in Allentown, Pennsylvania, for some suntan oil. She was given a bottle of Elizabeth Arden's "Ardena Bronze," and was told that it was suntan oil, although the accompanying label which the appellee read...

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