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POPCORN-IN-OIL COUNCIL, INC. v. WYNDALL'S SUPER MARKET, INC.

Civ. A. No. 923.

236 F.Supp. 78 (1964)

POPCORN-IN-OIL COUNCIL, INC., Plaintiff, v. WYNDALL'S SUPER MARKET, INC., Defendant, and Hesmer Foods, Inc., Intervener Defendant.

United States District Court W. D. Kentucky, at Owensboro.

January 15, 1964.

Attorney(s) appearing for the Case

Ridley M. Sandidge, Owensboro, Ky., Edmund C. Rogers, St. Louis, Mo., J. Ross Cheshire, Jr., Nashville, Tenn., for plaintiff.

Wells T. Lovett, Owensboro, Ky., Harold R. Woodard, Indianapolis, Ind., Fine, Hatfield, Sparrenberger & Fine, Evansville, Ind., for defendants.

BROOKS, Chief Judge.

FINDINGS OF FACT

This case involves the validity and infringement of United States Letters Patent No. 2,648,610, hereinafter referred to as the Martin patent. Plaintiff, assignee of the Martin patent, seeks damages for infringement and an injunction against future infringement by defendant.

The subject in dispute involves popcorn packaged in a popping oil in such a way that both the popcorn and the oil can be poured together...

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