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NEUHOFF, INC. v. NEUHOFF PACKING CO.

No. 10545.

167 F.2d 459 (1948)

NEUHOFF, Inc., v. NEUHOFF PACKING CO.

Circuit Court of Appeals, Sixth Circuit.

April 12, 1948.

Attorney(s) appearing for the Case

Holman Willis and Holman Willis, Jr., both of Roanoke, Va. (Willis & Willis, of Roanoke, Va., and Armistead, Waller, Davis & Lansden, of Nashville, Tenn., on the brief), for appellant.

Charles H. Smith, of Knoxville, Tenn. (Charles H. Smith, of Knoxville, Tenn., Seth M. Walker, of Nashville, Tenn., on the brief; Smith & Smith, of Knoxville, Tenn., and Walker & Hooker and David M. Keeble, all of Nashville, Tenn., of counsel), for appellee.

Before HICKS, ALLEN and MARTIN, Circuit Judges.

MARTIN, Circuit Judge.

Neuhoff, Incorporated, a Virginia corporation, has appealed from a decree of the United States District Court for Middle Tennessee which enjoined it from engaging in specified acts of unfair competition with Neuhoff Packing Company, a Tennessee corporation. The use of its corporate name by appellant and its use of the trade names "Neuhoff" and "Neuhoff's" in proscribed territory was found, in the circumstances of the case, to constitute "constructive...

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