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RANSDELL v. SIXTH STREET FOOD STORE OF LEXINGTON.

No. 35343.

120 N.W.2d 290 (1963)

174 Neb. 875

E. C. RANSDELL, Bert Ransdell, Dwight Trautman, Shirley Trautman, doing business as Sixth Street Locker and Grocery, a partnership, Appellants, v. SIXTH STREET FOOD STORE OF LEXINGTON, INC., a Corporation, Appellee.

Supreme Court of Nebraska.

March 1, 1963.

Attorney(s) appearing for the Case

Smith Brothers, Lexington, for appellants.

Hollman & McCarthy, Baskins & Baskins, North Platte, for appellee.

Heard before WHITE, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.

WHITE, Chief Justice.

This is an appeal from the order of the district court sustaining a motion for summary judgment and dismissing the plaintiffs' petition and action. It is an action brought by the plaintiffs as partners doing business in Lexington, Nebraska, as Sixth Street Locker and Grocery, to enjoin the defendant, Sixth Street Food Store of Lexington, Inc., from displaying and using a large sign reading "Sixth Street," and from using the words "Sixth Street...

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