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JOHN F. JELKE CO. v. EASTERN BAKING CO.

No. 33.

29 F.Supp. 333 (1939)

JOHN F. JELKE CO. v. EASTERN BAKING CO.

District Court, D. Massachusetts.

September 19, 1939.

Attorney(s) appearing for the Case

Frederick A. Tennant and Nathan Heard, both of Boston, Mass., and Wallace R. Lane, George Mankle, and Parkinson & Lane, all of Chicago, Ill., for plaintiff.

George M. Yaghjian, of Boston, Mass., for defendant.

McLELLAN, District Judge.

This is an action for alleged trade mark infringement. The case was heard on the defendant's motion to dismiss. The plaintiff has filed a bill of particulars which becomes a part of the pleading which it supplements. Rules of Civil Procedure, Rule 12(e), 28 U.S.C.A. following section 723c. The parties agreed orally in open court that the motion to dismiss may be considered as addressed to the original complaint and the bill of particulars...

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