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DAD'S ROOT BEER CO. v. ATKIN

No. 9333.

90 F.Supp. 477 (1950)

DAD'S ROOT BEER CO. v. ATKIN et al.

United States District Court E. D. Pennsylvania.

May 12, 1950.

Attorney(s) appearing for the Case

Fred Wolf, Jr., Philadelphia, Pa., Moses Levitan, Chicago, Ill., for plaintiff.

Arthur E. Dennis, Mortin E. Rotman, Harry Langsam, Philadelphia, Pa., for defendants.

LeRoy Comanor, Philadelphia, Pa., for defendants and for James J. Connolly, trustee in bankruptcy.

CLARY, District Judge.

The plaintiff herein is an Illinois corporation and the defendants are residents of Pennsylvania and Minnesota jointly registered to do business under the Fictitious Name Act of the Commonwealth of Pennsylvania in the County of Philadelphia. 54 P.S. § 28.1. The sum in controversy exceeds $3,000.00, exclusive of interest and costs. The bases of the action are breach of contract, unfair competition, and violation of plaintiff's trade-marks...

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