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IDING v. ANASTON

No. 66 C 2354.

266 F.Supp. 1015 (1967)

John L. IDING and John C. Albertson, d/b/a Sweden House Smorgasbord, Plaintiffs, v. Phil Manolis ANASTON, d/b/a Arlington Sweden House, Defendant, and Arlington Sweden House, Inc., Defendant.

United States District Court N. D. Illinois, E. D.

April 18, 1967.

Attorney(s) appearing for the Case

John D. Vosnos, Chicago, Ill., for plaintiffs.

Dean A. Olds, Hume, Groen, Clement & Hume, Chicago, Ill., for defendant.

OPINION

WILL, District Judge.

This is an action for infringement of a common law service mark and for unfair competition. Plaintiffs are residents of Florida. The individual defendant is a resident of Illinois and the corporate defendant is an Illinois corporation doing business solely in Illinois. Defendants have moved to dismiss based upon the following grounds: (1) that plaintiffs are not the real parties in interest, (2) for want of diversity jurisdiction...

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