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FAIRWAY FOODS v. FAIRWAY MARKETS

No. 14108.

227 F.2d 193 (1955)

FAIRWAY FOODS, Inc., a Corporation, Appellant, v. FAIRWAY MARKETS, Inc., and Raisin Markets, Inc., Appellees.

United States Court of Appeals Ninth Circuit.

November 9, 1955.

Attorney(s) appearing for the Case

L. Glenn Fassett, Minneapolis, Minn., for appellant.

Leonard Horwin, Merle H. Sandler, Wolfson & Essey, Beverly Hills, Cal., for appellees.

Before STEPHENS and FEE, Circuit Judges, and WIIG, District Judge.

STEPHENS, Circuit Judge.

Plaintiff, under the title "Twin City Wholesale Grocer Company" which later changed its title to "Fairway Foods, Inc.", a Minnesota corporation organized in 1914, filed under its original name its complaint for injunction and damages in the United States District Court for the Southern District of California, Central Division, in which complaint it was alleged that defendant Fairway Markets, a California corporation, was infringing its registered...

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