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FOOD FAIR STORES, INC. v. LAKELAND GROCERY CORP.

No. 8397.

301 F.2d 156 (1962)

FOOD FAIR STORES, INC., a corporation, Appellant, v. LAKELAND GROCERY CORP., a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 22, 1962.

Attorney(s) appearing for the Case

Lewis T. Booker and Archibald G. Robertson, Richmond Va. (Hunton, Williams, Gay, Powell & Gibson, Richmond, Va., and Stein, Stein & Engel, Jersey City, N. J., on the brief) for appellant.

Norris E. Halpern and William L. Parker, Norfolk, Va., for appellee.

Before SOPER, BRYAN and BELL, Circuit Judges.

SOPER, Circuit Judge.

Food Fair Stores, Inc., the plaintiff below, appeals from an order of the District Court dismissing its complaint for injunctive relief and for an accounting of profits, and permanently enjoining it, upon the counterclaim of Lakeland Grocery Corporation, defendant below, from using the trade name FOOD FAIR in the operation of its retail grocery business in the Norfolk-Portsmouth area of Virginia. The sole question presented is which of the two...

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