Joe L. Thompson and Thomas McInnis v. Alpine Motor Lodge, Inc.

WISDOM, Circuit Judge,

joe L. Thompson and Thomas Mclnnis 0wn and operate the “Alpine Lodge” motel on U. S. Highway 41 in Macon, Georgja. A hundred miles away, at Tifton, Georgia, on the same well-traveled highway, the defendant corporation owns and operates the “Alpine Motor Lodge” motel. Both are on the proposed interstate highway system. In this action the plaintiffs ask for an injunction against the defendant’s use of the trade name “Alpine Motor Lodge”; they do not ask for damages. At the conclusion of the plaintiffs’ evidence, on motion of the defendant for an involuntary dismissal under…