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AMERICAN HOSPITAL ASS'N v. BANKERS COMMERCIAL LIFE INS. CO.

Civ. A. No. 3-1652.

275 F.Supp. 563 (1967)

AMERICAN HOSPITAL ASSOCIATION, a non-profit corporation, Group Hospital Service, Inc., a non-profit corporation, Group Life & Health Insurance Company, a corporation, Group Medical & Surgical Service, a corporation, Plaintiffs, v. BANKERS COMMERCIAL LIFE INSURANCE COMPANY, a corporation and Great United Life Insurance Company, a corporation, John Abdnor, an individual, Defendants.

United States District Court N. D. Texas, Dallas Division.

September 18, 1967.

Attorney(s) appearing for the Case

Otis B. Gary, Dallas, Tex., James L. Kurtz, Washington, D. C., for plaintiffs.

G. H. Kelsoe, Jr., Dallas, Tex., for defendants.

HUGHES, District Judge.

FINDINGS OF FACT

1. The marks Blue Cross Plan, Blue Cross and Blue Shield Plan were registered in the U. S. Patent Office by American Hospital Association, Chicago, Illinois, and National Association of Blue Shield Plans, respectively, on February 5, 1952 and on April 1, 1952.

2. The mark Blue Cross was registered by Group Hospital Service in the Texas Secretary of State's Office on September 13, 1944; by American Hospital...

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