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  5. 141 S.E.2d 390 (1965)
 

FOGLESONG v. FOGLESONG FUNERAL HOME, INC.

Nos. 12339 and 12339A.

141 S.E.2d 390 (1965)

Sam FOGLESONG et al., d/b/a Sam Foglesong Funeral Home v. FOGLESONG FUNERAL HOME, INC., a Corp., et al. (two cases).

Supreme Court of Appeals of West Virginia.

Decided April 6, 1965.

Attorney(s) appearing for the Case

Ray Toler, Mullens, C. S. Worrell, Pineville, for appellants in No. 12339A and appellees in No. 12339.

D. Grove Moler, Mullens, for appellants in No. 12339 and appellees in No. 12339A.

BROWNING, President.

Plaintiffs, Sam Foglesong, George Nease, Jr., and Roy Donald Neely, a partnership, doing business as Sam Foglesong Funeral Home, instituted this action in the Circuit Court of Wyoming County praying for an injunction restraining the defendants from using the name "Foglesong Funeral Home, Inc." or any variant thereof which is so similar to that of plaintiffs' trade name as to be likely to confuse and mislead the public. Defendants answered separately...

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