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SKINNER MFG. CO. v. GENERAL FOODS SALES CO.

Civil Actions Nos. 345, 361.

52 F.Supp. 432 (1943)

SKINNER MFG. CO. v. GENERAL FOODS SALES CO., Inc. SAME v. KELLOGG SALES CO.

District Court, D. Nebraska, Omaha Division.

September 30, 1943.

Attorney(s) appearing for the Case

William Ritchie, M. J. Flannigan, and Edward F. Fogarty (Ritchie & Swenson), all of Omaha, Neb., and C. Earl Hovey, of Kansas City, Mo., for plaintiff in both cases.

Edgar M. Morsman, Jr., and Edgar M. Morsman, III (Morsman & Maxwell), all of Omaha, Neb., and Clifton Cooper, of New York City, for defendant General Foods Sales Co.

George L. DeLacy (Kennedy, Holland, DeLacy & Svoboda), of Omaha, Neb., Matthias Concannon and Lee J. Gary, both of Chicago, Ill., and Edwin L. Harding, of Battle Creek, Mich., for defendant Kellogg Sales Co.

DELEHANT, District Judge.

A single memorandum is being filed in these two cases. That course seems to be appropriate.

The court has no thought that the cases are identical either in their facts or in their issues. Although the same plaintiff seeks in both cases injunctive relief for the protection of the same asserted property right, it seeks that relief against distinct and separate defendants, who, besides being competitors of the plaintiff, are competitors...

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