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J. C. PENNEY CO., INC. v. SECURITY TIRE & RUBBER CO., INC.

Civ. A. No. 327-71-R.

382 F.Supp. 1342 (1974)

J. C. PENNEY COMPANY, INC. v. SECURITY TIRE & RUBBER COMPANY, INC.

United States District Court, E. D. Virginia, Richmond Division.

January 28, 1974.

Attorney(s) appearing for the Case

Michael W. Smith, Richmond, Va., for plaintiff.

John O. Peters, Richmond, Va., for defendant.

MEMORANDUM

MERHIGE, District Judge.

This is an action brought for an alleged trademark infringement and related unfair competition. Jurisdiction of the Court is invoked pursuant to 28 U. S.C. § 1332, 15 U.S.C. § 1121, 28 U.S.C. § 1338(a)(b).

The Court has considered the pleadings, stipulations, testimony and exhibits, and concludes as follows:

Plaintiff, a Delaware corporation, is engaged in the retail mercantile business including...

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