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TRUCK EQUIPMENT SERV. CO. v. FRUEHAUF CORP.

Nos. 75-1415 and 75-1428.

536 F.2d 1210 (1976)

TRUCK EQUIPMENT SERVICE COMPANY, Appellant-Cross-Appellee, v. FRUEHAUF CORPORATION, Appellee-Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 9, 1976.

Attorney(s) appearing for the Case

Theodore L. Kessner, Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, Neb., made argument and filed brief for Truck Equipment.

John A. Blair, Harness, Dickey & Pierce, Birmingham, Mich., made argument and filed brief for Fruehauf Corp.; Edward R. Casselman, Birmingham, Mich., Robert A. Barlow, Barlow, Watson & Johnson, Lincoln, Neb., and Milton J. Mehl, Mehl, Williams, Cummings & Truman, Fort Worth, Tex., on brief.

Before HEANEY, ROSS and WEBSTER, Circuit Judges.

HEANEY, Circuit Judge.

Truck Equipment Service Company (TESCO) is a closely held corporation, headquartered in Lincoln, Nebraska, engaged in the business of servicing and manufacturing semi-trailers. It is the original manufacturer of a twin hopper bottomed grain or bulk commodity semi-trailer featuring a twin hopper design and structure that has been sold in interstate commerce since 1968 under the label "Cornhusker 800." Fruehauf Corporation is a leading manufacturer...

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