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NORTH AMERICAN AIR. SYS. v. NORTH AMERICAN AVIATION

No. 14271.

231 F.2d 205 (1955)

NORTH AMERICAN AIRCOACH SYSTEMS, Inc. (also known as North American Airlines Agency Corp., and North America Airlines Agency Corp.), Twentieth Century Air Lines, Incorporated, James Fischgrund, Jack B. Lewin and Stanley D. Weiss, Appellants, v. NORTH AMERICAN AVIATION, Inc., Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 7, 1955.

Attorney(s) appearing for the Case

Sidney Fischgrund, Robert S. Dickerman, Los Angeles, Cal., for appellants.

Chadbourne, Parke, Whiteside, Wolf & Brophy, Charles Pickett, New York City, Flint & MacKay, Edward L. Compton, Arch R. Tuthill, Los Angeles, Cal., for appellee.

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

JAMES ALGER FEE, Circuit Judge.

North American Aviation, Inc., filed action for injunction on account of unfair competition, claiming the sole and exclusive right to use the name "North American" in connection with airplanes and aviation. Complete diversity of citizenship between plaintiff and all defendants founded jurisdiction in the District Court, where the action was initiated. It was charged by the complaint that defendants have unlawfully and fraudulently intended...

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