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CONSUMERS PETROLEUM CO. v. CONSUMERS CO. OF ILLINOIS

No. 9407.

169 F.2d 153 (1948)

CONSUMERS PETROLEUM CO. v. CONSUMERS CO. OF ILLINOIS.

Circuit Court of Appeals. Seventh Circuit.

Rehearing Denied August 19, 1948.

Attorney(s) appearing for the Case

Harry G. Hershenson, James B. McKeon, Albert E. Jenner, Jr., and Edward H. Hatton, all of Chicago, Ill. (Hershenson & Hershenson and Poppenhusen, Johnston, Thompson & Raymond, all of Chicago, Ill., of counsel), for appellant.

Joseph B. Fleming, Carl S. Lloyd, Lloyd M. Bowden, and Kirkland, Fleming, Green, Martin & Ellis, all of Chicago, Ill., for appellee.

Before MAJOR and MINTON, Circuit Judges, and LINDLEY, District Judge.

MAJOR, Circuit Judge.

This action was brought by Consumers Petroleum Company against Consumers Company of Illinois to enjoin the latter from employing the name "Consumers" in the business of marketing fuel oils in the Chicago metropolitan area, and for an accounting. Plaintiff was incorporated under the laws of the State of Illinois on December 28, 1925, and was authorized to "buy, sell, manufacture, and deal in petroleum...

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