McILHENNY CO. v. CHRISTMAN

No. 390.

46 F.2d 358 (1930)

McILHENNY CO. v. CHRISTMAN.

District Court, W. D. Louisiana, Opelousas Division.

August 16, 1930.


Attorney(s) appearing for the Case

Clark, Clark, McCarthy & Wagner, of Philadelphia, Pa., and Pugh, Grimmet & Boatner, of Shreveport, La., for plaintiff.

L. Austin Fontenot, of Opelousas, La., for defendant.


DAWKINS, District Judge.

Defendant has filed a motion to require the plaintiff to make its petition more certain and definite as to the "date, month and year" that defendant sold and served as "Tabasco" (the trade-name of plaintiff for the infringement of which this suit is brought) the sauce manufactured by Bulliard, as well as the day, month, and year when it is claimed he deceived customers into believing it was the pepper sauce of plaintiff.

The petition...

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