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FOOD FAIR STORES v. SQUARE DEAL MARKET CO.

No. 11599.

206 F.2d 482 (1953)

FOOD FAIR STORES, Inc. v. SQUARE DEAL MARKET CO., Inc.

United States Court of Appeals District of Columbia Circuit.

Decided July 2, 1953.

Attorney(s) appearing for the Case

Mr. Cary McN. Euwer, Washington, D. C., with whom Mr. J. Edward Burroughs, Jr., Washington, D. C., was on the brief, for appellant.

Mr. Bernard Margolius, Washington, D. C., with whom Messrs. Joseph B. Danzansky and Carleton U. Edwards, II, Washington, D. C., were on the brief, for appellee.

Before CLARK, WILBUR K. MILLER and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

This is an unfair competition case, in which each party claims a superior right to the use of the name "Food Fair" in the operation of retail grocery stores in the District of Columbia and surrounding areas.

Plaintiff-appellant operates a chain of supermarkets in various states along the Atlantic seaboard. Since the opening of its first "Food Fair" store in Baltimore in 1935, its holdings have increased to 151 markets, almost all...

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