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OWENS GENERATOR CO. v. H. J. HEINZ COMPANY

Civ. No. 36558.

214 F.Supp. 864 (1961)

OWENS GENERATOR CO., Inc., et al., Plaintiffs, v. H. J. HEINZ COMPANY et al., Defendants.

United States District Court N. D. California, S. D.

April 7, 1961.

Attorney(s) appearing for the Case

Carl Hoppe and James F. Mitchell, of Hoppe & Mitchell, San Francisco, Cal., for plaintiffs.

Morris Lowenthal, of Lowenthal & Lowenthal, San Francisco, Cal., for defendant Charles H. Owens and in pro. per.

Moses Lasky, of Brobeck, Phleger & Harrison, San Francisco, Cal., for defendant H. J. Heinz Co.

WOLLENBERG, District Judge.

Defendant H. J. Heinz Company, on June 13, 1960, filed its motion for summary judgment pursuant to F.R.Civ.P. 56(b). Oral argument on the motion was heard September 23, 1960, and memorandum in support and opposition were filed by the parties subsequently.

From a perusal of the pleadings, affidavits, depositions, answers to interrogatories, admissions, exhibits and the memoranda of counsel...

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