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BALLARD & BALLARD CO. v. BORDEN CO.

Civ. A. 1996.

107 F.Supp. 41 (1952)

BALLARD & BALLARD CO. et al. v. BORDEN CO. et al.

United States District Court W. D. Kentucky, Louisville.

August 14, 1952.

Attorney(s) appearing for the Case

Curtis, Morris & Safford, William C. Conner, New York City, Hubert T. Willis, Middleton-Seelbach, Wolford, Willis & Cochran, Louisville, Ky., for plaintiff Ballard.

Henry E. McElwain, Jr., Allen, McElwain, Dinning & Clarke, Louisville, Ky., Victor P. Kayser, Snyder, Chadwell & Fagerburg, Chicago, Ill., for intervenor plaintiff Kraft Foods, Inc.

Maxwell Barus, W. P. Churchill, Fish, Richardson & Neave, New York City, John Marshall, Jr., Peter, Heyburn & Marshall, Louisville, Ky., for Borden Co.

Philip Subkow, Los Angeles, Cal., Allen E. Susman, Loeb & Loeb, Los Angeles, Cal., William Marshall Bullitt, Bullitt, Dawson & Tarrant, Louisville, Ky., for Ready-To-Bake Foods, Inc.

SHELBOURNE, Chief Judge.

The original complaint in this action was filed March 29, 1950, by Ballard & Ballard Company against the Borden Company, charging infringement by the latter of a process patent, number 2,478,618 granted to Lowell Armstrong and Lively B. Willoughby August 9, 1949, and which patent was owned by Ballard & Ballard Company by recorded assignment from the inventors.

The complaint contained a second cause of action, charging unfair...

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