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37 Minn. 349

Allen v. McCarthy

Supreme Court of Minnesota

Decided October 10, 1887

Supreme Court of Minnesota · decided 1887-10-10

Appeal by defendant from an order of the district court for Bamsey county, Simons, J., presiding, overruling a demurrer to the complaint, the allegations of which are, in substance, as follows: The plaintiffs, Louis E. Allen, Charles B. Frey, and Julius Adams, are officers and members of the Cigar-Makers’ Protective Union, No. 98, of the State of Minnesota, a branch and member of the Cigar-Makers’ International Union of America, composed of local union societies, and bring…

Cited by 1 later decisions — most recently May 1888

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1887-10-10

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By the Court.

¶1The four judges of this court by whom this ease was finally considered were unable to come to an agreement, and are ■equally divided in opinion upon the principal question involved therein, to wit, whether the plaintiffs, by their complaint, show themselves entitled to assert a proprietary claim or interest in the alleged device or trade-mark, employed and used upon the boxes of cigars made by the -Cigar-Makers’ Protective Union.

¶2The order appealed from will therefore be affirmed.

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