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GREAT A. & P. TEA CO. v. A. & P. TRUCKING CORP.

51 N.J. Super. 412 (1958)

144 A.2d 172

THE GREAT ATLANTIC AND PACIFIC TEA COMPANY, A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. A & P TRUCKING CORPORATION, A NEW JERSEY CORPORATION, AND ARTHUR E. IMPERATORE, ARNOLD D. IMPERATORE, GEORGE IMPERATORE, EUGENE IMPERATORE AND EILEEN IMPERATORE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 28, 1958.

Attorney(s) appearing for the Case

Mr. John Milton, Jr., argued the cause for plaintiff-appellant (Messrs. Milton, McNulty & Augelli, attorneys; Messrs. Munn, Liddy, Daniels & March, and Messrs. Sylvester J. Liddy and Joe E. Daniels (of the New York bar), of counsel; Mr. Angelo A. Mastrangelo on the brief).

Mr. Milton T. Lasher argued the cause for defendants-respondents.

Before Judges GOLDMANN, FREUND and CONFORD.

The opinion of the court was delivered by FREUND, J.A.D.

The plaintiff, owner and operator of an extensive chain of retail food stores under the designation of "A & P," seeks an injunction against the use of those letters or symbol by the defendants, who are engaged in the business of a common carrier transporting general merchandise by motor vehicles. From the judgment of the Chancery Division denying relief except...

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