LIBBY, McNEILL & LIBBY v. LIBBY

Civ. A. No. 51-735.

103 F.Supp. 968 (1952)

LIBBY, McNEILL & LIBBY v. LIBBY et al.

United States District Court D. Massachusetts.

February 11, 1952.


Attorney(s) appearing for the Case

Arthur D. Thomson and Thomson & Thomson, all of Boston, Mass., Beverly W. Pattishall, Lewis S. Garner, and William T. Woodson of Rogers & Woodson, all of Chicago, Ill., for plaintiff.

W. Arthur Garrity, Jr. (of Maguire, Roche & Garrity), Frank D. McCarthy, all of Boston, Mass., for defendants.


SWEENEY, Chief Judge.

In this action the plaintiff seeks to enjoin, and recover damages for, an alleged infringement of its trade-mark and for unfair competition.

Findings of Fact.

In 1947 when the defendant Andrew Libby became a naturalized citizen he adopted the name of Andrew G. Libby. Up to 1951 he ran a diner lunch service in Roslindale, Massachusetts, and early in January of 1951, having disposed of his diner he and his wife, Mary, opened a...

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