SCALISE v. NATIONAL UTILITY SERVICE

No. 9879.

120 F.2d 938 (1941)

SCALISE et al. v. NATIONAL UTILITY SERVICE, Inc.

Circuit Court of Appeals, Fifth Circuit.

June 20, 1941.


Attorney(s) appearing for the Case

Robt. R. Milam and E. T. McIlvaine, both of Jacksonville, Fla., for appellants.

Herman Ulmer and Charles H. Murchison, both of Jacksonville, Fla., for appellee.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.


HUTCHESON, Circuit Judge.

The suit, on allegations showing that considerably more than $3,000 was involved, was for injunction against the use by the corporate defendant of the plaintiff's corporate name, National Utility Service, Incorporated, and for $25,000 damages, actual and punitive, against all the defendants for having obtained a charter in, and for the use of, said name.

The claim was that plaintiff, a foreign corporation, with no permit to do business...

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