STANDARD OIL CO. (KENTUCKY) v. HUMBLE OIL & REFINING CO.

No. 21674.

363 F.2d 945 (1966)

STANDARD OIL COMPANY (KENTUCKY), Appellant, v. HUMBLE OIL & REFINING COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 6, 1966.


Attorney(s) appearing for the Case

Beverly W. Pattishall, W. Thomas Hofstetter, Chicago, Ill., Robert W. Thompson, Jr., Gulfport, Miss., William E. Suddath, Jr., Jackson, Miss., Francis R. Kirkham, James B. Atkin, Harlan M. Richter, San Francisco, Cal., Charles G. Middleton, Jr., Louisville, Ky., Francis R. Kirkham, Pillsbury, Madison & Sutro, San Francisco, Cal., Woodson, Pattishall & Garner, Chicago, Ill., Middleton, Seelbach, Wolford, Willis & Cochran, Louisville, Ky., Watkins & Eager, Jackson, Miss., Mize, Thompson & Mize, Gulfport, Miss., of counsel, for appellant.

Leslie D. Taggart, Ronald O. Thomas, Nicholas J. Stathis, New York City, M. M. Roberts, Hattiesburg, Miss., Dillard W. Baker, Houston, Tex., George F. Woodliff, Jackson, Miss., Francis X. Clair, New York City, Watson, Leavenworth, Kelton & Taggart, New York City, Heidelberg, Woodliff & Franks, Jackson, Miss., of counsel, for appellee.

Before RIVES and THORNBERRY, Circuit Judges, and GARZA, District Judge.


RIVES, Circuit Judge:

The Humble Oil & Refining Company is a wholly-owned subsidiary of Standard Oil Company of New Jersey.1 Humble sought a declaratory judgment against Standard Oil of Kentucky2 allowing Humble to use its Esso trademark in the five-state area3 historically inhabited by Kentucky. Kentucky counterclaimed seeking to prevent the use by Humble of the Esso trademark...

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