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SHOPPERS FAIR OF ARKANSAS, INC. v. SANDERS CO.

No. 17220.

328 F.2d 496 (1964)

SHOPPERS FAIR OF ARKANSAS, INC., et al., Appellants, v. The SANDERS CO., Inc., Appellee.

United States Court of Appeals Eighth Circuit.

March 9, 1964.

Attorney(s) appearing for the Case

C. Randolph Warner, Jr., Fort Smith, Ark., for appellants. Herbert J. Deitz, Myron Wiess, of Cole, Friedman & Deitz, New York City, C. Randolph Warner, Jr., of Warner, Warner & Ragon, Fort Smith, Ark., and Richard B. Teiman, New York City, on the brief.

Lem C. Bryan, Fort Smith, Ark., for appellee; Bryan & Fitzhugh, Fort Smith, Ark., on the brief.

Before VAN OOSTERHOUT and BLACKMUN, Circuit Judges, and MICKELSON, District Judge.

MICKELSON, District Judge.

This is an appeal from a judgment dismissing appellants' complaint after a trial to the court on the merits, reported at D.C., 207 F.Supp. 718. Jurisdiction is based upon diversity of citizenship and the amount involved. The appellants sought injunctive relief on the theory of unfair competition, claiming that appellee infringed their trade name "Shoppers Fair" when it opened a retail supermarket grocery...

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