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EL CHICO, INC. v. EL CHICO CAFE

No. 14776.

214 F.2d 721 (1954)

EL CHICO, Inc. et al. v. EL CHICO CAFE et al.

United States Court of Appeals, Fifth Circuit.

July 30, 1954.

Attorney(s) appearing for the Case

Coke and Coke, John N. Jackson, Clinton Foshee, Dallas, Tex., Francis C. Browne, Washington, D. C., for defendant-appellant, El Chico Canning Co., Inc.

Clarence G. Campbell, Clarence P. Greer, New York City, for plaintiff-appellant, El Chico, Inc.

Gene Lary, John A. Erhard, Dallas, Tex., for defendant-appellees, El Chico Cafe, et al.

Before HUTCHESON, Chief Judge, and RIVES, Circuit Judge, and RICE, District Judge.

RIVES, Circuit Judge.

Plaintiff sought to enjoin all the defendants from using the trade name El Chico in their businesses. Jurisdiction was based on diversity of citizenship. The district court enjoined the defendant El Chico Canning Company, Inc., and dismissed the complaint as to the other defendants.1 Plaintiff appeals from that part of the judgment which dismisses the complaint against all other defendants, and the defendant El Chico...

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