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SWART v. MID-CONTINENT REFRIGERATOR COMPANY

No. 19239.

360 P.2d 440 (1961)

J. H. SWART, doing business as Mid-Commercial Refrigeration Co., and J. H. Swart and C. J. W. Olieslagers, individually and doing business as Mid-Commercial Refrigeration Co., a partnership, Plaintiffs in Error, v. MID-CONTINENT REFRIGERATOR COMPANY, a corporation, Defendant in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied April 3, 1961.

Attorney(s) appearing for the Case

Knowles & Shaw, Clayton D. Knowles, Rodney O. McWhinney, Denver, for plaintiffs in error.

Rosenbaum, Goldberg, Rosenbaum & Miller, Charles Rosenbaum, Stanton D. Rosenbaum, Denver, for defendant in error.

MOORE, Justice.

We will refer to plaintiffs in error by name except with relation to matters which affect them equally in which case they will be referred to as the partnership. Defendant in error will be referred to as Mid-Continent.

The action was brought by Mid-Continent against Swart and Olieslagers to secure damages allegedly resulting from conduct of the partnership which was claimed to amount to "unfair competition," and to secure a permanent injunction...

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