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KENTUCKY FRIED CHICKEN CORPORATION v. SMITH

Civ. A. No. 37016.

351 F.Supp. 1311 (1972)

KENTUCKY FRIED CHICKEN CORPORATION, Plaintiff, v. Alfred SMITH, Defendant.

United States District Court, E. D. Michigan, S. D.

January 6, 1972.

Attorney(s) appearing for the Case

Robert A. Macdonell, Wurzer, Higgins & Starrs, Detroit, Mich., Albert Robin and Frank J. Colucci of Watson, Leavenworth, Kelton & Taggart, New York City, for plaintiff.

Allan H. Tushman, Levine & Benjamin, Detroit, Mich., for defendant.

ORDER AND JUDGMENT

FEIKENS, District Judge.

Plaintiff having moved this court for an order pursuant to Rule 56 of the Federal Rules of Civil Procedure for partial summary judgment enjoining defendant's use of the designation "Kentucky Fried Chicken," or "Kentucky Style Fried Chicken," or "Kentucky Style Chicken," and the motion having duly come on to be heard on December 20, 1971, and the court having read the complaint and answer herein and the affidavits...

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