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A TO Z RENTAL, INC. v. WILSON

Nos. 147-68, 148-68.

413 F.2d 899 (1969)

A TO Z RENTAL, INC., a Montana Corporation, Plaintiff-Appellee, v. C. Dale WILSON and Keith D. Wilson, d/b/a Fort Collins Rental, Inc., Defendants-Appellants. A TO Z RENTAL, INC., a Montana Corporation, Plaintiff-Cross-Appellant, v. C. Dale WILSON and Keith D. Wilson, d/b/a Fort Collins Rental, Inc., Defendants-Cross-Appellees.

United States Court of Appeals Tenth Circuit.

Rehearings Denied September 2, 1969 and September 9, 1969.

Attorney(s) appearing for the Case

Alden T. Hill, Fort Collins, Colo. (Hill & Hill, Fort Collins, Colo., on the brief), for appellants and cross-appellees.

Bruce Ducker, Denver, Colo. (Seawell, Cohen & Seawell, Denver, Colo., Paul Homer, Friedman, Koven, Salzman, Koenigsberg, Specks & Homer, Chicago, Ill., on the brief), for plaintiff-appellee and plaintiff-cross-appellant.

Before MURRAH, Chief Judge, and PHILLIPS and HILL, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge.

A to Z Rental, Inc., will hereinafter be referred to as A-Z, and C. Dale Wilson and Keith D. Wilson, collectively, as the Wilsons.

On March 23, 1965, A-Z and the Wilsons entered into a "franchise agreement" by which A-Z granted to the Wilsons "an exclusive * * * license to use the trade name and service mark `A To Z Rental' * * * in the operation of a rental center to be owned and conducted by" the Wilsons at "819 East Mulberry...

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