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TRI-COUNTY FUNERAL SERVICE, INC. v. EDDIE HOWARD FUNERAL HOME, INC.

No. 97-220.

957 S.W.2d 694 (1997)

330 Ark. 789

TRI-COUNTY FUNERAL SERVICE, INC., d/b/a Howard Funeral Home, Appellant, v. EDDIE HOWARD FUNERAL HOME, INC., Appellee.

Supreme Court of Arkansas.

December 18, 1997.

Attorney(s) appearing for the Case

Aloan W. Horne, Mark H. Allison, Little Rock, for Appellant.

J. Scott Davidson, Robert D. Stroud, Batesville, for Appellee.

NEWBERN, Justice.

This is a trade-name infringement case. The appellant, Tri-County Funeral Service, Inc. ("Tri-County"), which does business as Howard Funeral Home in Melbourne, sought an injunction pursuant to Ark.Code Ann. § 4-71-113 (Repl.1996) to prohibit the appellee, Eddie Howard Funeral Home, Inc., also located in Melbourne, from using the name "Howard" in connection with its funeral business. The Chancellor declined to issue the injunction. Our determination...

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