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GOLDEN VALLEY MICROWAVE FOODS v. WEAVER POPCORN

Civ. No. F 88-251.

837 F.Supp. 1444 (1992)

GOLDEN VALLEY MICROWAVE FOODS, INC., Plaintiff, v. WEAVER POPCORN COMPANY, INC., and American Packaging Corp., Defendants.

United States District Court, N.D. Indiana, Fort Wayne Division.

July 22, 1992.

Attorney(s) appearing for the Case

Edward M. O'Toole, Madeline H. Devereux, Marshall, O'Toole, Gerstein, Murray and Bicknell, Chicago, IL, Arthur G. Surguine, Jr., Hunt, Suedhoff, Borror & Eilbacher, Fort Wayne, IN, for plaintiff Golden Valley Microwave Foods, Inc.

Richard D. Harris, Max Shaftal, Chicago, IL, Thomas M. Shoaff, Baker & Daniels, Fort Wayne, IN, for defendant Weaver Popcorn Co., Inc.

Robert J. LaRocca, Kohn, Nast & Graf, P.C., Philadelphia, PA, Frank J. Gray, Beckman, Lawson, Sandler, Snyder & Federoff, Fort Wayne, IN, for defendant American Packaging Corp.

MEMORANDUM DECISION AND ORDER

WILLIAM C. LEE, District Judge.

This matter is before the court for a decision on the merits following a bench trial. On August 22, 1988 Golden Valley Microwave Foods, Inc. (Golden Valley) commenced an action against Weaver Popcorn Company, Inc. (Weaver) for patent infringement. Weaver filed its answer, affirmative defenses, and counterclaims on November 2, 1988. Count I of Weaver's counterclaim alleged, inter alia, fraud...

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