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OSBORN PAPER CO. v. CARROLD OSBORN PAPER CO.

No. 41926.

234 S.W.2d 614 (1950)

OSBORN PAPER CO. v. CARROLD OSBORN PAPER CO., Inc.

Supreme Court of Missouri, Division No. 2.

December 11, 1950.

Attorney(s) appearing for the Case

Richard K. McPherson, Ralph Baird, Joplin, for appellant.

Stewart E. Tatum, Roy Coyne, Joplin, for respondent.

WESTHUES, Commissioner.

Plaintiff, a corporation, seeks by this suit to restrain the defendant, a corporation, from using the name "Osborn" on the theory that by its use the defendant is guilty of unfair competition.

The case was filed in the Circuit Court of Jasper County, Missouri, where plaintiff's petition was dismissed on motion of the defendant on the ground that no cause of action was stated. Plaintiff appealed to the Springfield Court of Appeals. The...

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