PAN AMERICAN REALTY CORP. v. FOREST PARK MANOR, INC.

No. 52808.

431 S.W.2d 144 (1968)

PAN AMERICAN REALTY CORP., a Corporation, Appellant, v. FOREST PARK MANOR, INC., a Corporation, Respondent.

Supreme Court of Missouri, Division No. 1.

September 9, 1968.


Attorney(s) appearing for the Case

Peper, Martin, Jensen, Maichel & Hetlage, St. Louis, Hyman G. Stein, Charles Alan Seigel, St. Louis, for plaintiff-appellant.

Carroll J. Donohue, Stephen W. Skrainka, Husch, Eppenberger, Donohue, Elson & Cornfeld, St. Louis, for defendant-respondent.


STORCKMAN, Judge.

This is an action to enjoin the defendant from conducting its business under a name alleged to be a colorable imitation of one long used by the plaintiff. The petition also seeks an accounting of profits and the assessment of damages. With the consent of the parties, the court ordered a separate trial of the issue for injunctive relief. The court tried this issue without a jury and rendered judgment for the defendant which was designated by the court...

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