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HORLICK'S MALTED MILK CORPORATION v. HORLICK

No. 549.

40 F.Supp. 501 (1941)

HORLICK'S MALTED MILK CORPORATION v. HORLICK et al.

District Court, E. D. Wisconsin.

August 29, 1941.

Attorney(s) appearing for the Case

Rogers, Woodson & Rogers, of Chicago, Ill. (Miller, Mack & Fairchild, of Milwaukee, Wis., of counsel), for plaintiff.

Alschuler, Putnam, Johnson & Ruddy, of Aurora, Ill., and Robert L. Piper, of Milwaukee, Wis., for defendants.

DUFFY, District Judge.

This action is for the alleged infringement of plaintiff's trade-mark, brought under 15 U.S.C.A. § 81, et seq., and for unfair competition. The matter now before the court is the motion by defendants to dismiss. The motion states: "* * * and as grounds for said motion defendants now show the court that the plaintiff's complaint is insufficient in law for it to maintain its action in the following particulars: (1) the complaint does not...

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