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MOBIL OIL CORP. v. PEGASUS PETROLEUM CORP.

No. 582, Docket 86-7590.

818 F.2d 254 (1987)

MOBIL OIL CORPORATION, Plaintiff-Appellee, v. PEGASUS PETROLEUM CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 4, 1987.

Attorney(s) appearing for the Case

Douglas W. Wyatt, New York City (Wyatt, Gerber, Shoup, Scobey & Badie, New York City, Thomas A. O'Rourke, William E. Marames, Mobil Oil Corp., Fairfax, Va., Edward H. Valance, Lawrence O. Miller, of counsel), for plaintiff-appellee.

Robert B.G. Horowitz, New York City (Eslinger & Pelton, P.C., New York City, Lewis H. Eslinger, Abigail F. Cousins, of counsel), for defendant-appellant.

Before FEINBERG, Chief Judge, LUMBARD, and MINER, Circuit Judges.

LUMBARD, Circuit Judge:

Mobil Oil Corporation brought this action in the Southern District charging Pegasus Petroleum Corporation with trademark infringement and unfair competition, 15 U.S.C. § 1114(1); false designation of origin, 15 U.S.C. § 1125(a); and trademark dilution, N.Y.Gen.Bus.Law § 368-d. On July 8, 1986, after a three-day bench trial, Judge MacMahon entered judgment for Mobil on each of its claims, dismissed Pegasus Petroleum's counterclaims...

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