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S.S. KRESGE CO. v. UNITED FACTORY OUTLET, INC.

No. 80-1359.

634 F.2d 1 (1980)

S.S. KRESGE COMPANY, Plaintiff-Appellee, v. UNITED FACTORY OUTLET, INC., et al., Defendants-Appellants.

United States Court of Appeals, First Circuit.

Announced October 31, 1980.

Attorney(s) appearing for the Case

Burton Chandler, Worcester, Mass., with whom Meredith Peterson Tufts, and Seder & Seder, Worcester, Mass., were on brief, for defendants-appellants.

Richard E. Alexander, Chicago, Ill., with whom Richard W. Renner, Chicago, Ill., was on brief, for plaintiff, appellee.

Before CAMPBELL and BOWNES, Circuit Judges, NELSON, District Judge.

BOWNES, Circuit Judge.

This appeal from the granting of a motion for summary judgment involves essentially one issue: whether defendants-appellants, United Factory Outlet, Inc., et al., should have been given an opportunity to prove that their use of the words "The Mart" in Worcester County, Massachusetts, had acquired a secondary meaning.

In a prior opinion, S.S. Kresge Co. v. United Factory Outlet, Inc., 598 F.2d 694

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