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WILTON MOR., INC. v. WOOLSEY-WILTON FUN. HOME, LTD.

No. 3-85-0676.

140 Ill. App.3d 1074 (1986)

489 N.E.2d 319

THE WILTON MORTUARY, INC., Plaintiff-Appellee, v. WOOLSEY-WILTON FUNERAL HOME, LTD., Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed January 6, 1986.

Attorney(s) appearing for the Case

Burt L. Dancey, of Elliff, Keyser, Oberle & Davies, P.C., of Pekin, for appellant.

William R. Kohlhase and Jeffrey Alan Ryva, both of Davis & Morgan, of Peoria, for appellee.

Reversed and remanded.

JUSTICE WOMBACHER delivered the opinion of the court:

Defendant Woolsey-Wilton Funeral Home, Ltd. (Woolsey-Wilton), appeals the granting of a preliminary injunction that prohibited it from using the name or mark "Wilton" in connection with its business within a 25-mile radius of Peoria. We reverse.

Richard Wilton, president of Woolsey-Wilton, was fired by plaintiff, the Wilton...

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