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NEBRASKA IRRIGATION, INC. v. KOCH

No. S-93-476.

523 N.W.2d 676 (1994)

246 Neb. 856

NEBRASKA IRRIGATION, INC., Appellee, v. Howard KOCH, Doing Business As Nebraska Irrigation Sales & Equipment, a Sole Proprietorship, Appellant.

Supreme Court of Nebraska.

November 18, 1994.

Attorney(s) appearing for the Case

Tim O'Neill and Gregory D. Barton, of Harding & Ogborn, Lincoln, for appellant.

H. Daniel Smith, of Sherrets Smith & Gardner, P.C., Omaha, for appellee.

HASTINGS, C.J., and WHITE, CAPORALE, FAHRNBRUCH, LANPHIER, and WRIGHT, JJ., and BOSLAUGH, J., Retired.

FAHRNBRUCH, Justice.

Howard Koch appeals an order of the district court for Chase County enjoining his use of the trade name "Nebraska Irrigation Sales & Equipment" to identify his business.

Plaintiff-appellee, Nebraska Irrigation, Inc., claimed in its petition for injunction that Koch's trade name is "deceptively and confusingly" similar to plaintiff-appellee's trade name "Nebraska Irrigation."

We vacate the judgment of the district court and...

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