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KELLOGG CO. v. MATTOX

Civ. A. CA 3-90-2005-G.

763 F.Supp. 1369 (1991)

KELLOGG COMPANY, Plaintiff, v. Jim MATTOX, Attorney General of the State of Texas, et al., Defendants.

United States District Court, N.D. Texas, Dallas Division.

As Amended April 12, 1991.

Attorney(s) appearing for the Case

Terrell Wallace Oxford, Susman & Godfrey, Dallas, Tex., Frederick P. Furth, Daniel S. Mason, Bruce J. Wecker, Michael P. Lehmann, George F. Bishop, and Scott R. Campbell, Furth Fahrner & Mason, San Francisco, Cal., for plaintiff.

Joselle Marie Albracht, Stephen Henry Gardner, and Craig A. Jordan, Atty. Gen. of Texas, Dallas, Tex., and Dan Morales, Texas Atty. Gen., Austin, Tex., for defendants.

MEMORANDUM ORDER

FISH, District Judge.

This case is before the court on the motion of plaintiff Kellogg Company ("Kellogg") for a preliminary injunction. For the reasons stated below, the motion is denied.

FINDINGS OF FACT

I. Nature and Status of Suit

1. This suit was filed by Kellogg against Texas Attorney General Jim Mattox and Commissioner Robert Bernstein of the Texas Department of Health ("TDH") (collectively, the...

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