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KIRK v. BIG APPLE SUPERMARKET OF CLEVELAND

304 S.W.2d 511 (1957)

Herbert C. KIRK et al. v. BIG APPLE SUPERMARKET OF CLEVELAND.

Court of Appeals of Tennessee, Eastern Section.

Certiorari Denied July 29, 1957.

Attorney(s) appearing for the Case

King & Fuston, Chattanooga, for appellants.

Noone & Noone, Chattanooga, for appellee.

Certiorari Denied by Supreme Court July 29, 1957.

McAMIS, Presiding Judge.

Herbert C. Kirk and Big Apple Supermarket of Tennessee, a Tennessee corporation with situs in Hamilton County, filed the bill herein to enjoin the defendant Big Apple Supermarket of Cleveland from using the trade-name and trade-mark, "Big Apple", in Cleveland, Bradley County, Tennessee. The Chancellor found that the field of operation being 30 miles apart and in different cities did...

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