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GOLDEN WEST INSULATION v. STARDUST INV.

No. A7806-10181; CA 13665, No. A7806-10181; CA 13665.

615 P.2d 1048 (1980)

47 Or.App. 493

GOLDEN WEST INSULATION, Inc., a California Corporation, Respondent, v. STARDUST INVESTMENT CORPORATION, an Oregon Corporation, Dba Golden West Insulation Company, Appellant, Bryan Ignatovich, Defendant. Golden West Insulation, Inc., a California Corporation, Appellant, v. Stardust Investment Corporation, an Oregon Corporation, Dba Golden West Insulation Company, Defendant, Bryan Ignatovich, Respondent.

Court of Appeals of Oregon.

Decided July 28, 1980.

Attorney(s) appearing for the Case

Paul J. Kelly, Jr., of Glasgow & Kelly, Portland, argued the cause and filed briefs for appellant Stardust Inv. Corp. and respondent Ignatovich.

Peter C. Richter, Portland, argued the cause for respondent/appellant Golden West Insulation, Inc. With him on the briefs were James N. Westwood and Miller, Anderson, Nash Yerke & Wiener, Portland.

Before RICHARDSON, P.J., THORNTON and BUTTLER, JJ., and HOWELL, J. Pro Tem.

HOWELL, Judge Pro Tem.

Plaintiff filed this suit to enjoin its franchisee from using the names "Golden West" and "Golden West Cellulose Insulation" and for damages for breach of the franchise agreement. The defendants alleged various affirmative defenses and counterclaims for damages for breach of warranties, breach of the franchise agreement, and unjust enrichment. The cause was tried as a suit in equity. The trial court entered findings and a decree dismissing the...

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