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LAYNE-WESTERN COMPANY v. FRY

No. 10911.

174 F.Supp. 621 (1959)

LAYNE-WESTERN COMPANY, Plaintiff, v. Vene D. FRY, d/b/a Vene D. Fry Company, Defendant.

United States District Court W. D. Missouri, W. D.

June 26, 1959.

Attorney(s) appearing for the Case

Caldwell, Eastin, Blackwell & Oliver, Kansas City, Mo., for plaintiff.

Watson, Ess, Marshall & Enggas, Kansas City, Mo., for defendant.

R. JASPER SMITH, District Judge.

This is an action for unfair competition in which plaintiff seeks to enjoin defendant from using the name "Layne" or "Layne & Bowler" in connection with the selling or servicing of vertical turbine pumps in the area of plaintiff's sales operations. Defendant, by counterclaim, seeks to enjoin plaintiff from issuing disparaging or defamatory statements concerning the product defendant sells. Both parties are in the business of selling...

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