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HULBURT OIL & GREASE CO. v. HULBURT OIL & GREASE CO.

No. 14916.

346 F.2d 260 (1965)

HULBURT OIL AND GREASE COMPANY, a Pennsylvania Corporation, Plaintiff-Appellee, v. HULBURT OIL AND GREASE COMPANY, an Illinois Corporation, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

June 3, 1965.

Attorney(s) appearing for the Case

Bayard M. Graf, J. Willison Smith, Jr., Philadelphia, Pa., for defendant-appellant.

Jacob T. Pincus, Norman A. Miller, John R. Caffrey, Chicago, Ill., Fred C. Aldridge, Jr., Philadelphia, Pa., for plaintiff-appellee.

Clausen, Hirsh, Miller & Gorman, Chicago, Ill., Stradley, Ronon, Stevens & Young, Philadelphia, Pa., of counsel.

Before HASTINGS, Chief Judge, and KNOCH and KILEY, Circuit Judges.

KNOCH, Circuit Judge.

Plaintiff-appellee, Hulburt Oil and Grease Company, a Pennsylvania corporation, brought this action in the United States District Court to determine the defendant's right to use the name "Hulburt Oil and Grease Company" in the State of Illinois.

Defendant asserts that plaintiff may not maintain this action because plaintiff is a foreign corporation which has been transacting business in Illinois without a Certificate of Authority and...

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