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ZIMMERMAN v. B. & C. MOTEL CORPORATION. (09/26/60)

September 26, 1960

ZIMMERMAN, APPELLANT,
v.
B. & C. MOTEL CORPORATION.



Appeal, No. 187, Jan. T., 1960, from decree of Court of Common Pleas of Lehigh County, June T., 1958, No. 3, in case of Eugene W. Zimmerman, individually and trading as Holiday Inn Hotel Courts et al. v. B. & C. Motel Corporation. Decree affirmed.

COUNSEL

John T. Synnestvedt, with him Alfred C. Aurich, for appellant.

Kennard N. Ware, with him Charles M. Allen, and Irving W. Coleman, for appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.

Author: Bok

[ 401 Pa. Page 279]

OPINION BY MR. JUSTICE BOK

This complaint in equity asking for an injunction was nonsuited, under Pa. R.C.P. 1512, and plaintiff

[ 401 Pa. Page 280]

    appealed after his rule to strike off the non-suit was discharged and his complaint dismissed. The court's final action was taken without prejudice.

Plaintiff owns and operates two motels, both at the Pennsylvania Turnpike in the Harrisburg area, one at Exit 15 and the other at the Route 230 by-pass. Both have been variously named, but all designations contained the key word "Holiday" until they are now established as "Holiday West" and "Holiday East". West was opened in 1953, East in 1957.

Holiday West is a quarter of a mile long. Both motels together represent an investment of over two million dollars and have all modern facilities such as restaurants and swimming pools. One has a revolving stage. Plaintiff advertises them extensively in trade issues and maintains road signs within fifty miles on the Turnpike and adjacent highways. He was the first in the State to use the word Holiday for a motel.

In 1958 defendant opened "Holiday Inn", also a motel, on U.S. Route 22 near the Lehigh Valley Interchange of the Northeast Extension of the Turnpike, in the Allentown area. It is 75 to 80 miles distant from "Holiday East" and 85 to 90 miles from "Holiday West". Two years before, defendant signed a license agreement with Holiday Inns of America, Inc., a Tennessee corporation then operating motels locally in Memphis but with ambition to establish by license and uniform regulations a ...


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