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MANLEY v. GENG

Gen. No. 10,836.

7 Ill. App.2d 6 (1955)

128 N.E.2d 641

Lyle T. Manley, Plaintiff-Appellant, v. Karl O. Geng et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Rehearing denied September 13, 1955.

Released for publication September 14, 1955.

Attorney(s) appearing for the Case

William Lathrop, of Rockford, and MacLeish, Spray, Price & Underwood, of Chicago, for plaintiff-appellant; William Lathrop, of Rockford, and Joseph A. Dubbs, and Wendell J. Brown, both of Chicago, of counsel.

Miller, Thomas, Hickey & Collins, of Rockford, for defendants-appellees; L.C. Miller, and William E. Collins, both of Rockford, of counsel.

MR. JUSTICE EOVALDI delivered the opinion of the court.

Plaintiff-appellant brought suit in equity seeking injunctive relief against the continuing use of the name "Manley Sand Company" by the defendants, and seeking damages.

The trial court found that there was no fraudulent conduct or wrongful acts by any of the defendants in the use of the name "Manley Sand Company" or "Manley Sand Corporation" and ordered and decreed that the complaint be dismissed for...

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