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MANOR OF BURLINGAME, INC. v. SHCC, INC.

No. 74,151.

22 Kan. App.2d 437 (1996)

916 P.2d 733

MANOR OF BURLINGAME, INC.,Appellant, v. SHCC, INC., Appellee.

Court of Appeals of Kansas.

Opinion filed May 24, 1996.

Attorney(s) appearing for the Case

Jeffrey A. Wietharn and Richard Harmon, of Coffman, DeFries & Nothern, A. Professional Association, of Topeka, for appellant.

Randall J. Forbes, of Frieden, Haynes & Forbes, of Topeka, for appellee.

Before GERNON, P.J., GREEN, J., and DAVID PRAGER, Chief JUSTICE RETIRED, assigned.

GREEN, J.:

This appeal by Manor of Burlingame, Inc., (Manor) involves a claim of unfair competition. Manor is the owner of the "Santa Fe Trail Nursing Center," an adult care facility located in Burlingame, Kansas. SHCC, Inc., (SHCC) is the owner of "Santa Fe Trail Health Care of Topeka." This business is also an adult care facility. Manor unsuccessfully sought to enjoin SHCC from using the phrase "Santa Fe Trail" in the name of its facility. On appeal, Manor contends...

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