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FAIRWAY FOODS v. FAIRWAY MARKETS

No. 13654.

118 F.Supp. 840 (1953)

FAIRWAY FOODS, Inc. v. FAIRWAY MARKETS, Inc. et al.

United States District Court, S. D. California, Central Division.

June 4, 1953.

Attorney(s) appearing for the Case

Hill, Farrar & Burrill, George T. Callanan, Los Angeles, Cal., Mellin, Hanscom & Hursh, Oscar A. Mellin, LeRoy Hanscom, Jack E. Hursh, San Francisco, Cal., L. Glenn Fassett, Minneapolis, Minn., for plaintiff.

Leonard Horwin and Wolfson & Essey, Beverly Hills, Cal., for defendants.

WESTOVER, District Judge.

Plaintiff herein is a cooperative, owned wholly by retail grocers located and doing business in the States of Minnesota, North Dakota, South Dakota, Wisconsin and Iowa. Plaintiff's sole business is the procurement and sale of food products to its member grocers, all of whom are located in and doing business exclusively in the five states mentioned. Plaintiff has established in these five states a secondary meaning for the term "Fairway" or...

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