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SAUNDERS v. GOLDSTEIN

No. 2958.

30 F.Supp. 150 (1939)

SAUNDERS v. GOLDSTEIN (SOUTHERN DAIRIES, Inc., et al., Third-Parties).

District Court of the United States for the District of Columbia.

November 6, 1939.

Attorney(s) appearing for the Case

Ralph Cusick, of Washington, D. C., for plaintiff Saunders.

John J. Carmody (of Whiteford, Marshall, Hart & Carmody), of Washington, D. C., for defendant Goldstein.

Edmund L. Jones (of Hogan & Hartson), of Washington, D. C., for defendant and third-party plaintiff Southern Dairies, Inc.

John E. Laskey and John L. Laskey, both of Washington, D. C., for third-party defendants Murrell and Louise D. Frazier.

LUHRING, Justice.

This is a motion by the third-party defendant to dismiss the original complaint and the third-party complaint.

The complaint alleges: "That on or about November 21, 1938 * * * defendant, Southern Dairies, Inc., * * * was engaged in * * * manufacturing and distributing for public use and consumption ice-cream and confections including an ice-cream product known as `Drum Stick' which consisted of a cake cone filled with ice-cream and represented...

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