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FAIR-SOUTH FLINT PLAZA, INC. v. SHOPPERS FAIR OF FLINT, INC.

Docket No. 49, Calendar No. 48,102.

358 Mich. 640 (1960)

101 N.W.2d 342

THE FAIR — SOUTH FLINT PLAZA, INC., v. SHOPPERS FAIR OF FLINT, INC.

Supreme Court of Michigan.

Decided February 25, 1960.

Attorney(s) appearing for the Case

Hoffman & Rubenstein (Gilbert Y. Rubenstein, of counsel), for plaintiff.

Gault, Davison & Bowers (Cole, Grimes, Friedman & Deitz, of counsel), for defendant.

KELLY, J.

Plaintiff sells general merchandise in the city of Flint, operating a store known as "The Fair." Defendant appeals from a decree preventing "the use of the words `The Fair' or `Fair' in and about their advertising, signs or business," designating a department store defendant planned opening 1 mile distant from plaintiff's store in the same city.

The applicable statute provides (CLS 1956, § 450.6 [Stat...

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