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W. T. GRANT CO. v. INDIAN TRAIL TRADING POST, INC.

423 S.W.2d 251 (1967)

W. T. GRANT COMPANY, Appellant, v. INDIAN TRAIL TRADING POST, INC., and F. W. Woolworth Co., Appellee.

Court of Appeals of Kentucky.

Rehearing Denied February 16, 1968.

Attorney(s) appearing for the Case

Leo T. Wolford, Eugene B. Cochran, Louisville, Robert J. Kelly, New York City, Middleton, Seelbach, Wolford, Willis & Cochran, Louisville, for appellant.

James W. Henricks, Marshall, Cochran, Heyburn & Wells, Louisville, Robert E. Friedrich, New York City, M. Brooks Senn, R. Lee Blackwell, Bullitt, Dawson & Tarrant, Louisville, for appellee.

OSBORNE, Judge.

The issues tried by the circuit court in this proceeding arose out of the consolidation of two actions. One, an action by the Indian Trail Trading Post, Inc., v. W. T. Grant Company, which was a petition for a declaration of rights and for an injunction. The other, a proceeding by W. T. Grant Company against Indian Trail Trading Post and the F. W. Woolworth Company, to prohibit them from the construction of a building and for damages. The issues, which...

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