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CUNETTO HOUSE OF PASTA v. TUMA

No. 48530.

689 S.W.2d 690 (1985)

CUNETTO HOUSE OF PASTA, a Missouri corporation and Vincent J. Cunetto, Plaintiffs/Respondents, v. Jerry TUMA, Leroy Strubberg, James Cunetto and Cunetto Restaurant, Inc., Defendants/Appellants.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied April 9, 1985.

Application to Transfer Denied May 29, 1985.

Attorney(s) appearing for the Case

Richard B. Dempsey, Briegel, Dempsey, Baylard & Patane, Union, for defendants/appellants.

Walter L. Brady, Jr., Lee, O'Hanlon & Brady, St. Louis, for plaintiffs/respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 9, 1985.

CRIST, Judge.

Defendants appeal from the issuance of an injunction permanently barring them from using the name "Cunetto" and the names of two food preparations in the operation of a restaurant called "J. Cunetto's", located in West St. Louis County. We affirm in part and reverse in part.

Plaintiff Cunetto House of Pasta is a highly successful Italian Restaurant owned by plaintiff...

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