THOR CORPORATION v. AUTOMATIC WASHER CO.

No. 1-60.

91 F.Supp. 829 (1950)

THOR CORPORATION v. AUTOMATIC WASHER CO.

United States District Court S. D. Iowa, Central Division.

June 30, 1950.


Attorney(s) appearing for the Case

Herbert H. Brown of the firm, Toulmin & Toulmin, Dayton, Ohio, and George R. Hise of the firm Miller, Davis, Hise & Howland, Des Moines, Iowa, for movant Automatic Washer Co.

Will Freeman of the firm, Bair, Freeman & Molinare, Chicago, Ill.; and Wm. F. Riley of the firm, Evans, Riley, Duncan, Jones & Hughes, Des Moines, Iowa, for plaintiff.


SWITZER, District Judge.

The motion before the court is one by the defendant Automatic Washer Company to strike several paragraphs of plaintiff's complaint under Fed.Rules Civ.Proc. rule 12(e) and (f), 28 U.S.C.A., in an action involving rights in trade marks between competing washing machine companies. A motion to make more definite and certain what plaintiff intended to mean by the use of the words in its complaint of "primary mark" and "secondary mark" was joined...

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