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ANHEUSER-BUSCH, INC. v. POWER CITY BREWERY

No. 194.

28 F.Supp. 740 (1939)

ANHEUSER-BUSCH, Inc., v. POWER CITY BREWERY, Inc.

District Court, W. D. New York.

August 11, 1939.

Attorney(s) appearing for the Case

Babcock, Hollister, Newbury & Russ, of Buffalo, N. Y. (Louis L. Babcock, of Buffalo, N. Y., Daniel N. Kirby, of St. Louis, Mo., and Harry D. Nims and Walter Halliday, both of New York City, of counsel), for plaintiff.

George E. Carrie, of Niagara Falls, N. Y., for defendant.

KNIGHT, District Judge.

This is a motion for a preliminary injunction in a trade-mark infringement and unfair competition suit. The plaintiff is the manufacturer of the well-known "Budweiser" beer and ale. It has been engaged in this business in St. Louis, Missouri, continuously for upwards of eighty years. Its products are, and for many years have been, sold in large quantities throughout the United States and other countries. For more than sixty years it has used...

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