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AMERICAN POTATO COMPANY v. GENERAL FOODS CORPORATION

Civ. A. No. 3813.

318 F.Supp. 38 (1970)

AMERICAN POTATO COMPANY, Plaintiff, v. GENERAL FOODS CORPORATION, Defendant.

United States District Court, D. Delaware.

September 30, 1970.

Attorney(s) appearing for the Case

William Poole, of Potter, Anderson & Corroon, Wilmington, Del., W. Brown Morton, Jr., and John T. Roberts, of McLean, Morton & Boustead, Washington, D. C., of counsel, for plaintiff.

Arthur G. Connolly, Jr., of Connolly, Bove & Lodge, Wilmington, Del., and Michael J. Quillinan, of General Foods Corp., White Plains, N. Y., of counsel, for defendant.

OPINION

WRIGHT, Chief Judge.

Plaintiff (American Potato) is a corporation organized under the laws of California and has its principal place of business at San Francisco, California. Defendant (General Foods) is a corporation organized under the laws of Delaware and has its principal place of business at White Plains, New York.

The complaint seeks a declaratory judgment under 28 U.S.C. §§ 2201, 2202 of the invalidity of claims 1, 2 and...

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