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PRIME HOME CARE v. PATHWAYS TO COMPASSION

No. S-11-030.

809 N.W.2d 751 (2012)

283 Neb. 77

PRIME HOME CARE, LLC, appellee and cross-appellant, v. PATHWAYS TO COMPASSION, LLC, appellant and cross-appellee.

Supreme Court of Nebraska.

January 20, 2012.

Attorney(s) appearing for the Case

Patrick D. Pepper , of McGrath, North, Mullin & Kratz, P.C., L.L.O., Omaha, for appellant.

Tiernan T. Siems and Andrew M. Collins , of Erickson & Sederstrom, P.C., Omaha, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

HEAVICAN, C.J.

I. INTRODUCTION

Following a bench trial, Pathways to Compassion, LLC (Pathways), appeals from the decision of the Douglas County District Court granting Prime Home Care, LLC, a permanent injunction and attorney fees. Prime Home Care sought a permanent injunction pursuant to Neb.Rev.Stat. § 87-217 (Supp.2011), part of the statutes governing the protection of trade names, and Neb.Rev.Stat. § 87-303 (Cum.Supp. 2010), part of the Uniform...

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