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CREAMERY PACKAGE MFG. CO. v. CHERRY-BURRELL CORP.

No. 134.

33 F.Supp. 625 (1940)

CREAMERY PACKAGE MFG. CO. v. CHERRY-BURRELL CORPORATION et al.

District Court, D. Delaware.

July 2, 1940.

Attorney(s) appearing for the Case

Arthur G. Logan (of Logan & Duffy), of Wilmington, Del., and George W. Hansen (of Thiess, Olson & Mecklenburger), of Chicago, Ill., for plaintiff.

Hugh M. Morris and Alexander L. Nichols, both of Wilmington, Del., and Clair W. Fairbank (of Dean, Fairbank & Hirsch), of New York City, for defendants.

NIELDS, District Judge.

Motion to dismiss or, in the alternative, for summary judgment.

March 27, 1940, plaintiff the Creamery Package Manufacturing Company, hereinafter referred to as "Creamery Package", brought a declaratory judgment suit in this court against the defendants Cherry-Burrell Corporation, hereinafter referred to as "Cherry-Burrell", and the Girdler Corporation, hereinafter referred to as "Girdler". In its complaint plaintiff prays that (1)...

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