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PIRELLI ARMSTRONG TIRE CORP. v. TITAN TIRE CORP.

No. 96-3240.

4 F.Supp.2d 794 (1998)

PIRELLI ARMSTRONG TIRE CORPORATION, Plaintiff, v. TITAN TIRE CORPORATION and Titan Wheel International, Inc., Defendants.

United States District Court, C.D. Illinois, Springfield Division.

April 24, 1998.

Attorney(s) appearing for the Case

David B. Goroff, Glen H. Kanwit, Chicago, Michael A. Epstein, Jeffrey D. Osterman, Robert G. Sugarman, Christopher J. Morvillo, New York, NY, for plaintiff.

Gene R. LaSuer, Kent A. Herink, Des Moines, IA, Delmer R. Mitchell, Quincy, IL, Dennis Kayes, Detroit, MI, for defendant.

OPINION

RICHARD MILLS, District Judge.

The law of unfair trade comes down very nearly to this — as judges have repeated again and again — that one merchant shall not divert customers from another by representing what he sells as emanating from the second. This has been, and perhaps even more now is, the whole Law and the Prophets on the subject .... Learned Hand, Circuit Judge Yale Elec. Corp. v. Robertson,

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