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INTERSTATE BAKERIES CORPORATION v. McKEE BAKING COMPANY

Civ. A. No. 15339-3.

248 F.Supp. 946 (1965)

INTERSTATE BAKERIES CORPORATION, a corporation, Plaintiff, v. McKEE BAKING COMPANY, a corporation, et al., Defendants.

United States District Court W. D. Missouri, W. D.

December 15, 1965.

Attorney(s) appearing for the Case

Keith P. Bondurant, Kansas City, Mo., E. C. Vandenburgh and Howard H. Darbo, of Darbo, Robertson & Vandenburgh, Arlington Heights, Ill., for plaintiff.

Robert D. Hovey, Warren N. Williams, and Donald E. Johnson, of Hovey, Schmidt, Johnson & Hovey, Kansas City, Mo., Jac Chambliss, of Chambliss, Chambliss & Hodge, Lamont Johnston, Chattanooga, Tenn., for defendants.

BECKER, Chief Judge.

This civil action for damages, injunction and accounting under the common law of Missouri and under Section 1125 (a), Title 15, U.S.C.A. (Lanham Trade-Mark Act), alleging unfair competition, trade-mark infringement and false designations of origin, was originally filed in the Circuit Court of Jackson County, Missouri. The petition contains only one count, entitled "Petition in Equity".

The...

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