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KIRSCH FABRIC v. BROOKSTEIN NETERPRISES, INC.

No. 43331.

309 N.W.2d 328 (1981)

209 Neb. 666

KIRSCH FABRIC CORP., a corporation, Appellee, v. BROOKSTEIN ENTERPRISES, INC., a corporation, doing business as Upholstery Unlimited, Appellant.

Supreme Court of Nebraska.

August 14, 1981.

Attorney(s) appearing for the Case

Irving B. Epstein of Viren, Epstein, Leahy & Coren and Miller & Rowen, Omaha, for appellant.

Thomas E. Johnson and Jonathan R. Breuning of Baird, Holm, McEachen, Pedersen, Hamann & Haggart, Omaha, for appellee.

Heard before BOSLAUGH, McCOWN, CLINTON, and BRODKEY, JJ., and MARTIN, District Judge.

MARTIN, District Judge.

This is an appeal from a decree of the District Court of Douglas County, Nebraska, enjoining the defendant-appellant from specific advertising practices, i. e., using plaintiff-appellee's name and sample books in appellant's radio and television ads.

The facts are as follows. Appellee Kirsch is in the business of selling upholstery fabrics wholesale. Appellant Brookstein Enterprises is in the business of selling upholstery fabrics retail...

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