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THE BEST FOODS v. GENERAL MILLS

No. 321.

59 F.Supp. 201 (1945)

THE BEST FOODS, Inc., et al. v. GENERAL MILLS, Inc.

District Court, D. Delaware.

March 2, 1945.

Attorney(s) appearing for the Case

George I. Haight (of Haight, Goldstein & Hobbs), of Chicago, Ill., and William T. Woodson (of Rogers, Woodson & Rogers), of Chicago, Ill., and James M. Best, of Chicago, Ill., and C. A. Southerland, of Wilmington, Del. (of Southerland, Berl & Potter), of Wilmington, Del., for plaintiffs.

H. D. Nims (of Nims & Berdi), of New York City, Vermont Hatch and J. Adam Murphy (of White & Case), both of New York City, Percy E. Williamson, Jr., of New York City, Frank J. Morley, of Minneapolis, Minn., and Aaron Finger (of Richards, Layton & Finger), of Wilmington, Del., for defendant.

LEAHY, District Judge.

1. A considerable portion of defendant's reargument was directed against plaintiffs' right to sue because of an absence of a sufficient property right. To support this conclusion defendant relies upon the Delaware cases of Coca-Cola Co. v. Nehi Corporation, Del., 36 A.2d 156; Standard Oilshares, Inc. v. Standard Oil Group, Inc., 17 Del.Ch. 113, 150 A. 174; American Radio Stores, Inc. v. American Radio & Television Stores Corporation, 17...

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