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ATLAS SUPPLY COMPANY v. ATLAS BRAKE SHOPS, INC.

No. 16367.

360 F.2d 16 (1966)

ATLAS SUPPLY COMPANY, Plaintiff-Appellee, v. ATLAS BRAKE SHOPS, INC., Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

May 10, 1966.

Attorney(s) appearing for the Case

Richard C. Curry and Albert A. Rogoff, Cincinnati, Ohio, McIlwain, Rogoff & Curry, Cincinnati, Ohio, on brief, for appellant.

William Tousley Smith, Cleveland, Ohio, McAfee, Hanning, Newcomer, Hazlett & Wheeler, Cleveland, Ohio, John A. Benjamin, Benjamin & Faulkner, Cincinnati, Ohio, on brief, for appellee.

Before WEICK, Chief Judge, O'SULLIVAN, Circuit Judge, and CECIL, Senior Circuit Judge.

WEICK, Chief Judge.

This is an appeal from an order of the District Court granting a summary judgment to appellee, Atlas Supply Company. The facts have been stipulated. Atlas Supply Company is a corporation established to acquire and maintain the "Atlas" trademark for automobile tires, batteries and accessories, referred to in the industry as `T.B.A.' Atlas accessories included brakes. The corporation licenses several Standard Oil companies throughout the nation to...

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