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BATTLE CREEK FOOD CO. v. AMERICAN PHARMACEUTICAL CO.

5 F.Supp. 959 (1934)

BATTLE CREEK FOOD CO. v. AMERICAN PHARMACEUTICAL CO., Inc.

District Court, D. New Jersey.

February 8, 1934.

Attorney(s) appearing for the Case

Edward L. Duggan, of Newark, N. J., for complainant.

Louis R. Kagan, of Jersey City, N. J., for defendant.

Winne & Banta, of Hackensack, N. J., for defendant.

FORMAN, District Judge.

Plaintiff, the Battle Creek Food Company, has filed a bill in equity against the American Pharmaceutical Company, Incorporated, for an infringement of its trademark "Lacto-Dextrin." The bill alleges that the jurisdiction of this court depends upon the following facts:

"(a) This is a suit between citizens of different States wherein the sum or value in controversy exceeds, exclusive of interests and costs, the sum or value of three thousand...

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