Fair & Carnival Supply Co. v. Shapiro

DICKINSON, District Judge.

Inasmuch as the conclusion which we have reached to deny this motion involves the trial of the cause, we refrain from any discussion of its merits at this time, and confine ourselves to a statement of the respective contentions of the parties, so far as called for to disclose the ground of the present ruling.

[1] The real basis of the complaint is the feeling of ownership which any one has in a field of commercial exploitation which he has created or has first found. This feeling is universal and deep-rooted. Such a finder regards himself as a pioneer, and resents the…