ESKIMO PIE CORPORATION v. WHITELAWN DAIRIES, INC.

Nos. 64 Civ. 3702, 64 Civ. 3718.

284 F.Supp. 987 (1968)

ESKIMO PIE CORPORATION, Plaintiff, v. WHITELAWN DAIRIES, INC., Supermarket Advisory Sales, Inc., Allstate Dairies, Inc., Jack Nelson and Henry Landau, Defendants. WHITELAWN DAIRIES, INC. and Supermarket Advisory Sales, Inc., Plaintiffs, v. ESKIMO PIE CORPORATION, Imperial Ice Cream Novelties, Inc., Harry L. Darnstaedt, M. H. Renken Dairy Co., and Food Enterprises, Inc., Defendants.

United States District Court S. D. New York.

April 16, 1968.


Attorney(s) appearing for the Case

Lovejoy, Wasson, Lundgren & Ashton, New York City, for Eskimo Pie Corp., Walter C. Lundgren, New York City, of counsel.

Jaffin, Schneider, Conrad & Rubin, New York City, for Whitelawn Dairies, Inc., Supermarket Advisory Sales, Inc., Allstate Dairies, Inc., Jack Nelson and Henry Landau, Martin L. Conrad, New York City, of counsel.

Gifford, Woody, Carter & Hays, New York City, for Imperial Ice Cream Novelties, Inc. and Harry L. Darnstaedt, Edmund S. Purves, New York City, of counsel.

Schneider & Artz, New York City, for M. H. Renken Dairy Co., Samuel S. Schneider, New York City, of counsel.


MANSFIELD, District Judge.

Pursuant to Rule 2 of the General Rules of this Court, these consolidated actions have been assigned to one judge for all purposes. A series of pretrial conferences have been held for the purpose of simplifying the issues and taking up other matters that may aid in the disposition of the actions, including the possibility of separate jury trials of certain issues pursuant to Rule 42(b), F.R.Civ.P., and the determination of evidentiary questions...

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