J. C. PENNEY COMPANY v. WALKER

No. 4405.

395 S.W.2d 76 (1965)

J. C. PENNEY COMPANY, d/b/a Penny's Auto Center, Appellant, v. Dennis WALKER, d/b/a Auto Center, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied October 28, 1965.


Attorney(s) appearing for the Case

Lewright, Dyer & Redford, and W. N. Woolsey, Corpus Christi, for appellant.

Jake B. Jarmon, Jr., Corpus Christi, for appellee.


McDONALD, Chief Justice.

This is an appeal from an interlocutory order of the trial court granting plaintiff application for a temporary injunction restraining defendant, pending final hearing, from using the name "Auto Center" in connection with its business in Nueces County.

Plaintiff Dennis Walker, d/b/a Auto Center, filed this case on March 5, 1965 against defendant J. C. Penney Co., d/b/a Penney's Auto Center, alleging that plaintiff is engaged...

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