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FOOD FAIR STORES v. FOOD FAIR

Nos. 4402, 4403.

177 F.2d 177 (1949)

FOOD FAIR STORES, Inc. v. FOOD FAIR, Inc. FOOD FAIR, Inc. v. FOOD FAIR STORES, Inc.

United States Court of Appeals First Circuit.

Rehearing Denied October 11, 1949.

Attorney(s) appearing for the Case

Arthur L. Sherin, Boston, Mass. (Norwood Cox, Edward W. Lider and Sherin & Lodgen, Boston, Mass., and Stein & Stein, Union City, N. J., on brief), for Food Fair Stores, Inc.

Maurice Tobey, Boston, Mass. (William L. Berger and Gabriel V. Mottla, Boston, Mass., on brief), for Food Fair Inc.

Before MAGRUDER, Chief Judge, WOODBURY, Circuit Judge, and LINDLEY, District Judge.

WOODBURY, Circuit Judge.

These are cross appeals from a final decree enjoining the defendant from using the words "Food Fair" in its business (that of operating a supermarket on Harvard Street in Brookline, Massachusetts) "unless such words are prefaced by a descriptive word or words such as Rodman's, Brookline or New England." The plaintiff on its appeal assigns the limited scope of the injunctive relief afforded as error...

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