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BURNSIDE VENEER CORP. v. NEW BURNSIDE VENEER CO.

247 S.W.2d 524 (1952)

BURNSIDE VENEER CORP. v. NEW BURNSIDE VENEER CO.

Court of Appeals of Kentucky.

March 28, 1952.

Attorney(s) appearing for the Case

Brown, Greenebaum & Eldred, Louisville, Smith & Blackburn, Somerset, for appellant.

Sam C. Kennedy, Somerset, for appellee.

MILLIKEN, Justice.

The principal issue on this appeal is whether the appellee, The New Burnside Veneer Company, incorporated in 1949, adopted a deceptively similar name to the appellant, Burnside Veneer Corporation, incorporated in 1948, in violation of KRS 271.045, which is a part of our general corporation law. Involved in the determination of that problem is whether KRS 271.045 is declaratory of the common law or an extension of it. The trial judge refused to enjoin...

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