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McCULLOUGH v. DAIRY QUEEN, INC.

Civ. A. No. 28876.

195 F.Supp. 918 (1961)

H. A. McCULLOUGH and H. F. McCullough, a partnership, doing business as McCullough's Dairy Queen and Burton F. Myers, Robert J. Rydeen, M. E. Montgomery and Lorraine Dale, Executrix of the Estate of Howard S. Dale, deceased, v. DAIRY QUEEN, INC.

United States District Court E. D. Pennsylvania.

June 28, 1961.

Attorney(s) appearing for the Case

Michael H. Egnal, Philadelphia, Pa., for plaintiffs.

Krusen, Evans & Byrne, by Mark D. Alspach, Philadelphia, Pa., for defendant.

WOOD, District Judge.

Suit was filed on November 21, 1960, and after a preliminary injunction was issued, the case proceeded to the Court of Appeals for the Third Circuit where the preliminary injunction order was upheld. Meanwhile, other motions were filed and argued and decided by the Court. The case was to be heard finally on the merits on June 27, 1961. It was not until June 8, 1961, that the defendant filed the motion...

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