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H. D. LEE MERCANTILE CO. v. J. C. PENNEY CO.

No. 57.

30 F.Supp. 179 (1939)

H. D. LEE MERCANTILE CO. v. J. C. PENNEY CO.

District Court, W. D. Missouri, W. D.

November 17, 1939.

Attorney(s) appearing for the Case

Charles M. Blackmar and Ralph M. Jones (of Michaels, Blackmar, Newkirk, Eager & Swanson), both of Kansas City, Mo., for plaintiff.

Chas. H. Mayer, Roscoe P. Conkling, and Floyd M. Sprague (of Mayer, Conkling & Sprague), all of St. Joseph, Mo., for defendant.

REEVES, District Judge.

This is an action for unfair competition. The plaintiff manufactures and sells overalls and other apparel and clothing for laborers at its several places of business. Its trade is nation wide.

The defendant is engaged, among other things, in the sale at retail of overalls and other apparel and clothing for laborers.

In its petition the plaintiff alleges that in December, 1928, it "adopted a distinctive design for overalls known...

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