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AMERICAN LUGGAGE WORKS v. UNITED STATES TRUNK CO.

Civ. A. No. 57-159.

158 F.Supp. 50 (1957)

AMERICAN LUGGAGE WORKS, Inc., et al. v. UNITED STATES TRUNK CO., Inc., et al.

United States District Court D. Massachusetts.

December 6, 1957.

Attorney(s) appearing for the Case

Richard L. Johnston, Lloyd C. Root, Marzall, Johnston, Cook & Root, Chicago, Ill., Herbert P. Kenway, Kenway, Jenney, Witter & Hildreth, Boston, Mass., for plaintiff.

Isador S. Levin, Fall River, Mass., Herbert B. Barlow, Providence, R. I., for defendant.

WYZANSKI, District Judge.

Defendant, United States Trunk Co., moved for judgment against plaintiff, American Luggage Works, Inc., at the close of plaintiff's evidence on its cause of action alleging unfair competition. The issue turns to some extent on two questions; first, the admissibility and second, the persuasiveness of experts' testimony relating to a poll they designed and conducted to determine consumer attitudes.

Stated liberally, plaintiff's claim...

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