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HUMBLE OIL & REFINING COMPANY v. AMERICAN OIL COMPANY

No. 18596.

405 F.2d 803 (1969)

HUMBLE OIL & REFINING COMPANY, a Corporation, Esso, Incorporated, a Corporation, and Standard Oil Company, a New Jersey Corporation, Appellants, v. AMERICAN OIL COMPANY, a Corporation, and Standard Oil Company, an Indiana Corporation, Appellees.

United States Court of Appeals Eighth Circuit.

January 9, 1969.

Attorney(s) appearing for the Case

David W. Peck, of Sullivan & Cromwell, New York City, for appellants, Arthur H. Dean, Roy H. Steyer and Richard E. Carlton, New York City, and Walter R. Mayne, Thomas Rowe Schwarz and P. Terence Crebs, of Fordyce, Mayne, Hartman, Renard & Stribling, St. Louis, Mo., and Dillard Baker, Houston, Tex., with him on the brief and reply brief.

Richmond C. Coburn, of Coburn, Croft & Kohn, St. Louis, Mo., for appellees; Alan E. Popkin, St. Louis, Mo., and Richard J. Farrell, Ernest L. Godshalk, L. Bates Lea, John W. Sherman and Paul B. Uhlenhop, Chicago, Ill., and Walter T. Kuhlmey, Reuben L. Hedlund and Donald W. West, of Kirkland, Ellis, Hodson, Chaffetz & Masters, Chicago, Ill., with him on the brief.

Before BLACKMUN, GIBSON and LAY, Circuit Judges.

BLACKMUN, Circuit Judge.

This appeal provides yet another chapter in the story of Standard Oil and of the many Standard Oil controversies which have added color to the body of our law of trademarks, trade names, and restraint of trade.1

The plaintiffs appeal from a judgment of the district court dismissing their complaint (filed July 9, 1963) by which they seek, under Rule 60(b), Fed.R.Civ. P., to modify and amend that court's...

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