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VIKING AUTO. SPRINKLER CO. v. VIKING FIRE PROTECTION CO.

Nos. 40705, 40706.

159 N.W.2d 250 (1968)

VIKING AUTOMATIC SPRINKLER COMPANY, Respondent, v. VIKING FIRE PROTECTION COMPANY, Appellant, and The Viking Corporation, Additional Party Defendant, Appellant.

Supreme Court of Minnesota.

Rehearing Denied July 3, 1968.

Attorney(s) appearing for the Case

Whitson Rogers, Kansas City, Mo., Thomas E. Sands, Minneapolis, for Viking Fire Protection Co.

Laurence D. Smith, Grand Rapids, Mich., Thomas E. Sands, Minneapolis, for Viking Corporation.

Doherty, Rumble & Butler, Jack C. Foote, Lewis L. Anderson, St. Paul, for respondent.

OPINION

NELSON, Justice.

In this action plaintiff, Viking Automatic Sprinkler Company, sought to restrain defendant, Viking Fire Protection Company, from doing business in this state under that name. Intervenor, The Viking Corporation, sought damages from plaintiff for its use of the term "Viking" in its business name and to restrain it from such use in the future. Defendant and intervenor appeal from a judgment of the Ramsey County District Court in plaintiff...

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