Legal Opinion

National Starch Mfg. Co. v. Duryea

Court of Appeals for the Second Circuit

Decided February 28, 1900No. 83PublishedCited by 1 opinion

Appeal from tbe Circuit Court of the United States for the Eastern District of New York. This is a case of “unfair competition” and was before this court upon an appeal from an order of the circuit court which denied a motion for an injunction pendente lite. The case proceeded to final hearing upon full proofs, and the bill was dismissed. From the decree of dismissal this appeal was taken.

1Opinion of the Court

PEE CUEIAM.

The counsel for the respective parties united in the request that this appeal should be heard by the court as now constituted, although the different judges had passed upon the motion for an injunction pendente lite. The facts, as they appeared upon the motion papers, were stated in 25 C. C. A. 139, 79 Fed. 651, and it is therefore not necessary to repeat them. The complainant is of the opinion that additional facts now appear in the record which will compel a decree in its favor. There is- now evidence that the defendant’s starch was vigorously pushed upon retail grocers by…

2Cases cited2 opinions

  1. Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
  2. Duryea v. National Starch-Manuf'g Co.Court of Appeals for the Second Circuit · 1897

3Cited by1 opinion

  1. Madrigal Audio Laboratories, Inc., Cross-Appellant v. Cello, Ltd., and Mark Levinson, Cross-AppelleesCourt of Appeals for the Second Circuit · 1986

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