Zephyr American Corporation v. Bates Mfg. Co.

MEANEY, District Judge.

This is a declaratory judgment suit brought by Zephyr American Corporatio'n (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.

A brief history of the case and prior proceedings will be beneficial.

Bates is the manufacturer, among other things, of a list finding device manufactured under two…