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ZEPHYR AMERICAN CORPORATION v. BATES MFG. CO.

Civ. No. 23.

59 F.Supp. 573 (1945)

ZEPHYR AMERICAN CORPORATION v. BATES MFG. CO. et al.

District Court, D. New Jersey.

March 29, 1945.

Attorney(s) appearing for the Case

Wall, Haight, Carey & Hartpence, of Jersey City, N. J., and Darby & Darby, and Samuel E. Darby, Jr., all of New York City (Donald J. Overocker, of New York City, of counsel), for plaintiff.

Newton A. Burgess, of New York City, for defendants.

MEANEY, District Judge.

This is a declaratory judgment suit brought by Zephyr American Corporation (hereinafter called "Zephyr"), against the Bates Manufacturing Company (hereinafter called "Bates"), charging them with unfair competition and seeking damages therefor. This matter is before this court on remand from an opinion by the Circuit Court of Appeals. Zephyr American Corporation v. Bates Mfg. Co., 3 Cir., 128 F.2d 380.

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