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PRESIDENT & TRUSTEES OF COLBY COL. v. COLBY COL.-N.H.

No. 74-1178.

508 F.2d 804 (1975)

The PRESIDENT AND TRUSTEES OF COLBY COLLEGE, Plaintiff-Appellant, v. COLBY COLLEGE-NEW HAMPSHIRE, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided January 9, 1975.

Attorney(s) appearing for the Case

Vincent L. McKusick, Portland, Me., with whom Pierce, Atwood, Scribner, Allen & McKusick, Portland, Me., Everett P. Ingalls, III, Lawrence E. Spellman, and Sulloway, Hollis, Godfrey & Soden, Concord, N. H., were on brief, for plaintiff-appellant.

R. Graham McSwiney, Concord, N. H., with whom McSwiney & Jones and Hall, Morse, Gallagher & Anderson, Concord, N. H., were on brief, for defendant-appellee.

Before ALDRICH, McENTEE and CAMPBELL, Circuit Judges.

ALDRICH, Senior Circuit Judge.

This is an action brought by the President and Trustees of Colby College, hereinafter plaintiff, who are engaged, and have been since 1813, in conducting a four-year college in Waterville, Maine, from 1867 under the name of Colby University, and since 1899 under the name of Colby College. Plaintiff seeks to enjoin the use of the name Colby College-New Hampshire by defendant, an educational institution in New London, New Hampshire.

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