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GENERAL FOODS CORPORATION v. HENDERSON

Civ. No. 9029.

334 F.Supp. 19 (1971)

GENERAL FOODS CORPORATION, a Delaware Corporation, Plaintiff, v. Carl HENDERSON, Chief of the Consumer Division of the Health and Social Services Department of the State of New Mexico, and the State of New Mexico, Defendants.

United States District Court, D. New Mexico.

October 1, 1971.

Attorney(s) appearing for the Case

Fred M. Standley, Standley, Witt & Quinn, Santa Fe, N. M., for plaintiff; Murray D. Sayer, White Plains, N. Y., Ellis Arnall, Elliott H. Levitas, Arnall, Golden & Gregory, Atlanta, Ga., of counsel.

David L. Norvell, Atty. Gen., State of New Mexico, by R. Russell Rager, Sp. Asst. Atty. Gen., of Grantham, Spann, Sanchez & Rager, Albuquerque, N. M., for defendants.

MEMORANDUM OPINION

BRATTON, District Judge.

This matter is before the Court upon plaintiff's Motion to remand the action to the District Court of Santa Fe County. Because of the unusual circumstances surrounding the case, a rather detailed exposition of what has transpired is necessary.

The plaintiff General Foods Corporation had been selling in New Mexico a product called "Thick and Frosty." Petitioner-defendant Carl Henderson, Chief of the Consumer...

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