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WYMAN NELSON ENTERPRISES, INC. v. STEAK n SHAKE, INC.

No. 4-70-Civ. 414.

325 F.Supp. 976 (1971)

WYMAN NELSON ENTERPRISES, INC., the Pancake House, Inc., and PPHI, Inc., Plaintiffs, v. STEAK n SHAKE, INC., Defendant.

United States District Court, D. Minnesota, Fourth Division.

February 26, 1971.

Attorney(s) appearing for the Case

Orrin M. Haugen, Minneapolis, Minn., for plaintiffs.

George R. Roedler, Jr., Bruce W. Sanborn, Sanborn, Rice, Holcomb & Grayson, St. Paul, Minn., for defendant.

MEMORANDUM DECISION

LARSON, District Judge.

Plaintiff Wyman Nelson Enterprises, Inc. (Wyman Nelson), a franchisee of plaintiff PPHI, Inc., an Ohio corporation, is the owner and operator of a number of restaurant facilities in Minnesota. These restaurants utilize a trade designation "Cake & Steak" which is part of the franchise arrangement. Defendant, a Delaware corporation apparently headquartered in Illinois, claimed that this designation infringed...

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