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TEMPERATO v. LaBROT

No. 31078.

358 S.W.2d 106 (1962)

Samuel J. TEMPERATO (Plaintiff) Respondent, v. Vernon E. LaBROT and Alma M. LaBrot (Defendants) Appellants.

St. Louis Court of Appeals, Missouri.

June 12, 1962.

Attorney(s) appearing for the Case

Charles W. Medley, McClintock & Medley, Flat River, for appellants.

Blumenfeld, Abrams & Daniel, Harold J. Abrams, St. Louis, Roberts & Roberts, J. Richard Roberts, Farmington, for respondent.

W. M. KIMBERLIN, Special Judge.

This is a suit to enjoin the use by the defendants of the trade name "Dairy Queen" in Flat River, Missouri, upon the ground it constitutes unfair business competition.

Plaintiff, Samuel J. Temperato, brought this suit in two counts against the defendants, Vernon E. LaBrot and Alma M. LaBrot. The first count prayed for an injunction to enjoin the use by the defendants of the name "Dairy Queen" in the operation of their store...

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