PETERSON & CO. v. JAY

No. 33453.

63 N.W.2d 174 (1954)

158 Neb. 305

PETERSON & CO., Inc. v. JAY.

Supreme Court of Nebraska.

March 12, 1954.


Attorney(s) appearing for the Case

Mothersead, Wright & Simmons, Scottsbluff, for appellant.

Torgeson, Halcomb & O'Brien, Kimball, for appellee.

Heard before CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.


YEAGER, Justice.

This is an action in equity by Peterson & Company, Inc., a corporation, plaintiff and appellee, to enjoin Nelson Jay, doing business as Nelson Jay Potato Company, defendant and appellant, from using the name "Big Chief" as a brand in marketing potatoes.

A trial was had to the court at the conclusion of which a decree was rendered enjoining the defendant from using the name. The defendant filed a motion for new trial which was overruled...

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