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POTATO CHIP INSTITUTE v. GENERAL MILLS, INC.

Civ. No. 1585 L.

333 F.Supp. 173 (1971)

POTATO CHIP INSTITUTE, a Corporation, and Weaver Potato Chip Co., Inc., a Corporation, Plaintiffs, v. GENERAL MILLS, INC., a Corporation, Defendant.

United States District Court, D. Nebraska.

October 13, 1971.

Attorney(s) appearing for the Case

Melville Ehrlich, Washington, D. C., and Lloyd J. Marti, Lincoln, Neb., for plaintiffs.

Dean A. Olds, Richard H. Compere, Hume, Clement, Hume & Lee, Chicago, Ill., Robert M. Spire, Ellick, Spire & Langdon, Omaha, Neb., and Robert R. Heer, Minneapolis, Minn., for defendant.

MEMORANDUM OF DECISION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW

URBOM, District Judge.

The pivotal issue is whether labeling or advertising a product as "potato chips" tends falsely to describe or represent the product when it has been fashioned from dried potato granules rather than from sliced raw potatoes. Following five days of extensive presentation of evidence, careful briefing by counsel, and oral arguments, this court concludes that such labeling...

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