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KFC CORP. v. MARION-KAY CO., INC.

No. NA 81-207-C.

620 F.Supp. 1160 (1985)

KFC CORPORATION, Plaintiff, v. MARION-KAY COMPANY, INC., Defendant, Counter Plaintiff, and Third-Party Plaintiff, v. JOHN W. SEXTON CO., INC., and Stange Co., Third-Party Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

October 18, 1985.

Attorney(s) appearing for the Case

Richard A. Getty, Greenebaum, Doll & McDonald, Louisville, Ky., James E. Bourne, Wyatt, Tarrant, Combs & Orbison, New Albany, Ind., Robert R. Feagin, III, Tallahassee, Fla., for plaintiff.

Bruce Markel, Jr., Markel, Markel & Markel, Brownstown, Ind., Edward M. Steutermann, Louisville, Ky., for defendant, counter plaintiff, and third-party plaintiff.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

BARKER, District Judge.

This matter comes before the Court on the November 10, 1983 motion of plaintiff KFC Corporation ("KFC") for summary judgment as to defendant Marion-Kay Company, Inc.'s ("Marion-Kay") counterclaim. Marion-Kay's response to KFC's motion was filed on December 13, 1983. KFC's reply brief was filed on January 30, 1984. Also before the Court is KFC's July 6, 1984 supplemental memorandum of law in...

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