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FRITO-LAY, INC. v. SO GOOD POTATO CHIP CO.

No. 75-1438.

540 F.2d 927 (1976)

FRITO-LAY, INC., Appellant, v. SO GOOD POTATO CHIP COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 13, 1976.

Rehearing Denied September 3, 1976.

Attorney(s) appearing for the Case

Jim J. Shoemake, St. Louis, Mo., for appellant; Thomas J. Guilfoil, St. Louis, Mo., and Ronald R. Kranzow, Dallas, Tex., on brief.

Richard J. Sheehan, St. Louis, Mo., for appellee; Pat L. Simons, St. Louis, Mo., on brief.

Before VAN OOSTERHOUT, Senior Circuit Judge, and LAY and WEBSTER, Circuit Judges.

WEBSTER, Circuit Judge.

Frito-Lay, Inc. appeals from the judgment of the District Court dismissing its complaint in which it sought damages and injunctive relief against So Good Potato Chip Company resulting from So Good's marketing of corn chip products in a package which Frito-Lay contended was both unfair competition and in breach of a specific contractual undertaking not to use similar packaging. The District Court, sitting without a jury, held that the So Good...

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