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CALIFORNIA OIL COMPANY v. TRAVALINE

Nos. 21776-21779.

147 F.Supp. 832 (1957)

The CALIFORNIA OIL COMPANY, a corporation, v. Frank TRAVALINE and John Travaline, individually and trading as Travaline Brothers. The CALIFORNIA OIL COMPANY, a corporation, v. Leonard HART and Edward Tinair. The CALIFORNIA OIL COMPANY, a corporation, v. David H. FROST. The CALIFORNIA OIL COMPANY, a corporation, v. Forrest W. FITZGERALD, ind. & t/a Fitzgerald Service and Repair Center, & also t/a Montgomeryville Calso Station.

United States District Court E. D. Pennsylvania.

January 7, 1957.

Attorney(s) appearing for the Case

Montgomery, McCracken, Walker & Rhoads, John W. Fawcett, III, Philadelphia, Pa., for California Oil Co.

Speiser, Satinsky, Gilliland & Packel, Israel Packel, Philadelphia, Pa., for Frank Travaline and John Travaline, ind. and t/a Travaline Brothers and Leonard Hart and Edward Tinair.

Josef Jaffe, Philadelphia, Pa., for David H. Frost.

Paul R. Beckert, Levittown, Pa., and William J. Toy, Philadelphia, Pa., for Forrest W. Fitzgerald, ind. and t/a Fitzgerald Service and Repair Center and also t/a Montgomeryville Calso Station.

KRAFT, District Judge.

Hearing was had and argument heard on the plaintiff's motion for preliminary injunction to enjoin alleged violation of the Pennsylvania Fair Trade Law,1 and on the defendant's motion to dismiss this motion. From the evidence and the stipulations of the parties, the court makes the following

Findings of Fact.

1. The plaintiff is a Delaware corporation.

2. The plaintiff has a valid trademark...

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