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HEATON DISTRIBUTING CO. v. UNION TANK CAR COMPANY

No. 18620.

387 F.2d 477 (1967)

HEATON DISTRIBUTING CO., Inc., Appellant, v. UNION TANK CAR COMPANY, a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

December 27, 1967.

Attorney(s) appearing for the Case

Truman Clare, Omaha, Neb., for appellant. George Nimmer, Omaha, Neb., was with Truman Clare, Omaha, Neb., on the brief.

Dean A. Olds, Chicago, Ill., for appellee; Robert M. Spire, Omaha, Neb., was with Dean A. Olds, Omaha, Neb., on the brief.

Before MEHAFFY and GIBSON, Circuit Judges, and STEPHENSON, District Judge.

MEHAFFY, Circuit Judge.

This is an appeal from a judgment awarding $7,500.00 damages and granting injunctive relief to appellee, Union Tank Car Company, a manufacturer of soft water equipment under the registered trademark and trade name of Lindsay, in an action tried to the court against appellant, Heaton Distributing Co., a former franchised Lindsay dealer, for breach of contract, unfair competition, and violation of certain provisions of the Lanham Trade-Mark Act...

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