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AMERICAN CONSUMERS, INC. v. KROGER CO.

No. CIV-1-75-247.

416 F.Supp. 1210 (1976)

AMERICAN CONSUMERS, INC. d/b/a Shop-Rite Super Markets v. The KROGER COMPANY.

United States District Court, E. D. Tennessee, S. D.

August 2, 1976.

Attorney(s) appearing for the Case

Witt, Gaither, Richardson, Henniss & Whitaker, Thomas H. O'Neal, Chattanooga, Tenn., for plaintiff.

Spears, Moore, Rebman & Williams, Chattanooga, Tenn., for defendant.

MEMORANDUM OPINION

FRANK W. WILSON, District Judge.

This is an action in which the plaintiff, the operator of a chain of super markets, seeks to enjoin the defendant, the operator of a competing chain of super markets, from engaging in an advertising campaign commonly known as the "Price Patrol Report," a form of price comparison advertising. The plaintiff contends that the advertising was false and erroneous in various respects and as such constitutes a...

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