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DIRIGOLD METALS CORPORATION v. ERNST KERN CO.

No. 7530.

40 F.Supp. 146 (1941)

DIRIGOLD METALS CORPORATION v. ERNST KERN CO. et al.

District Court, E. D. Michigan, S. D.

April 4, 1941.

Attorney(s) appearing for the Case

McLeod, Fixel & Fixel, of Detroit, Mich., for plaintiff.

Butzel, Eaman, Long, Gust & Bills, of Detroit, Mich., and Sanborn & Andre, of St. Paul, Minn., for defendants.

MOINET, District Judge.

The original decision of this court in said cause, upon appeal to the Circuit Court of Appeals, American Dirigold Corporation v. Dirigold Metals Corporation, 6 Cir., 104 F.2d 863, 865, was reversed, the decision using the following language: "It is clear, however, that all facts bearing upon the controversy and necessary to its determination are not before the court. Since both litigants have marketed their...

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