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INDIAN TERRITORY OIL & GAS CO. v. INDIAN TERRITORY I. OIL CO.

No. 1629.

95 F.2d 711 (1938)

INDIAN TERRITORY OIL & GAS CO. v. INDIAN TERRITORY ILLUMINATING OIL CO.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied April 27, 1938.

Attorney(s) appearing for the Case

W. H. Kornegay, of Vinita, Okl., for appellant.

Donald Prentice, of Bartlesville, Okl. (W. P. McGinnis and Fred M. Carter, both of Bartlesville, Okl., Samuel H. Riggs, of Tulsa, Okl., W. T. Anglin, of Holdenville, Okl., and R. Y. Stevenson, of Tulsa, Okl., on the brief), for appellee.

Before LEWIS and BRATTON, Circuit Judges.

BRATTON, Circuit Judge.

Indian Territory Illuminating Oil Company instituted this action against Indian Territory Oil & Gas Company to restrain the defendant from using its corporate name or any other name sufficiently similar in sound or appearance to the corporate name and trade-names of plaintiff to cause uncertainty or confusion in identity. The court found that plaintiff was incorporated under the laws of New Jersey in 1901; that it has been engaged since...

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