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PHOTOVEST CORP. v. FOTOMAT CORP.

Nos. 77-1741, 77-1742.

606 F.2d 704 (1979)

PHOTOVEST CORPORATION, an Indiana Corporation, Plaintiff-Appellee and Cross-Appellant, v. FOTOMAT CORPORATION, a Delaware Corporation, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 24, 1979.

Rehearing and Rehearing Denied October 25, 1979.

Attorney(s) appearing for the Case

Edward L. Lascher, Wendy C. Wilner, Ventura, Cal., for defendant-appellant and cross-appellee.

Theodore R. Boehm, Indianapolis, Ind., for plaintiff-appellee and cross-appellant.

Before PELL, Circuit Judge, MARKEY, Chief Judge, and WOOD, Circuit Judge.

Rehearing and Rehearing En Banc Denied October 25, 1979.

PELL, Circuit Judge.

The defendant, Fotomat Corporation, is engaged in the retail sale of film processing, film, and camera related products which are sold insofar as the present litigation is concerned from small (9' X 5'), "drive-thru" kiosks located generally in shopping center parking lots. It obtained the rights to this retailing concept in 1967 and opened its first stores in April of that year...

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