Selbert v. Lancaster Chocolate & Caramel Co.

The facts are sufficiently stated in the opinion of the District Judge. After consideration of the criticisms made by appellant’s counsel in his printed and oral arguments, we are satisfied that the conclusions of the court below are correct, and we approve and adopt that opinion. To the cases there cited we add the Supreme Court decisions in Philadelphia Co. v. McKibbon, 243 U. S. 264, 268, 37 S. Ct. 280, 61 L. Ed. 710, and James-Dickinson Co. v. Harry, 273 U. S. 119, 122, 47 S. Ct. 308, 71 L. Ed. 569, and we note that this court has repeatedly *234recognized the separate identity, at least for…