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ARCO FUEL OIL CO. v. ATLANTIC RICHFIELD COMPANY

No. 685, Docket 34424.

427 F.2d 517 (1970)

ARCO FUEL OIL CO., Inc., Plaintiff-Appellant, v. ATLANTIC RICHFIELD COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 8, 1970.

Attorney(s) appearing for the Case

John A. Reilly, New York City (Kenyon & Kenyon, Reilly, Carr & Chapin, New York City, and Edward J. Handler, III, Stuart J. Sinder, New York City, of counsel), for plaintiff-appellant.

Mercer L. Stockell, New York City (Rogers, Hoge & Hills, Sidney P. Howell, Jr., E. Carrington Boggan, Frederick A. Nicoll, New York City, and Robert J. Mawhinney, and Robert R. Cochran, Philadelphia, Pa., of counsel), for defendant-appellee.

Before MOORE, FRIENDLY and SMITH, Circuit Judges.

PER CURIAM:

Arco Fuel Oil Co., Inc., the recent successor to a company of the same name incorporated in New York in 1934, brought this action in the District Court for the Southern District of New York to prevent Atlantic Richfield Company from using the name ARCO. Arco Fuel's predecessor had been owned apparently from its inception by the Ottaviano family and was engaged in the sale and delivery of fuel oil to homeowners in the New York metropolitan area. It used...

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