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PIKE v. RUBY FOO'S DEN

No. 12124.

232 F.2d 683 (1956)

Florence A. PIKE, Appellant, v. RUBY FOO'S DEN, Inc., of MARYLAND, a Corporation, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided April 5, 1956.

Attorney(s) appearing for the Case

Mr. Ward B. McCarthy, Washington, D. C., and Mr. Clarence P. Greer, New York City, a member of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, for appellant.

Mr. Manuel J. Davis, Washington, D. C., for appellees.

Mr. James C. Toomey, Washington, D. C., pro se, as appellee-receiver and also as amicus curiae, by leave of Court. Mr. Walter E. Gillcrist, Washington, D. C., entered an appearance for appellee-receiver.

No appearance for appellee Golden City Restaurant Corporation, purchaser of assets of Ruby Foo's Den, Inc., at receiver's sale.

Before EDGERTON, WASHINGTON and DANAHER, Circuit Judges.

WASHINGTON, Circuit Judge.

This case concerns the right to use the name "Ruby Foo's Den," as applied to a restaurant business.

Plaintiff-appellant brought suit in the District Court for the appointment of a receiver for appellee corporation, and for certain other relief which need not concern us here. A receiver was appointed, and in due course he recommended sale of the appellee corporation's assets. At this point a question arose as to whether the name ...

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