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MATTER OF NAT. SERVICE CORP.

No. 83-3588.

742 F.2d 859 (1984)

In the Matter of NATIONAL SERVICE CORPORATION, Debtor. TURNER ADVERTISING COMPANY, Plaintiff-Appellant, v. NATIONAL SERVICE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 7, 1984.

Attorney(s) appearing for the Case

Charles W. Nelson, Jr., New Orleans, La., Schreeder, Wheeler & Flint, Lawrence S. Burnat, John A. Christy, Atlanta, Ga., for plaintiff-appellant.

Chaffe, McCall, Phillips, Toler & Sarpy, Harry McCall, Jr., L. Havard Scott, III, Edward M. Heller, New Orleans, La., for defendant-appellee.

Before REAVLEY, JOHNSON, and JOLLY, Circuit Judges.

JOHNSON, Circuit Judge:

National Service Corporation (NSC) is a corporation engaged in the business of drain and sewer cleaning and light plumbing repairs. In 1974, NSC entered into a license agreement with Sears, Roebuck & Company (Sears), which authorized NSC to conduct its business under the name "Sears Drain and Sewer Service" or "Sears Authorized Plumbers". NSC conducted business under the Sears name and, in 1980, NSC entered into a contract with Turner Advertising...

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