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SAFEWAY STORES, INC. v. SAFEWAY PROPERTIES, INC.

No. 27307.

307 F.2d 495 (1962)

SAFEWAY STORES, INCORPORATED, Plaintiff-Appellee, v. SAFEWAY PROPERTIES, INC., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided August 14, 1962.

Attorney(s) appearing for the Case

Fennelly, Douglas, Eagan, Nager & Voorhees, New York City (William P. Lage, Charles J. Nager, New York City, of counsel), for plaintiff-appellee.

Fried, Beck, Tannenbaum, Ruggieri & Field, New York City (David Halperin, New York City, of counsel and on the brief), for defendant-appellant.

Before LUMBARD, Chief Judge, and WATERMAN and HAYS, Circuit Judges.

WATERMAN, Circuit Judge.

This is an appeal from an order entered in the United States District Court for the Southern District of New York granting a preliminary injunction which restrained the defendant from using the name "Safeway" in connection with its business.

The plaintiff-appellee, a Maryland corporation, is the second largest national food chain. It has approximately 2,000 stores in 30 states, including the...

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