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VAN BRODE MILLING CO. v. KELLOGG COMPANY

Civ. A. No. 1321.

132 F.Supp. 330 (1955)

VAN BRODE MILLING CO., Inc., Plaintiff, v. KELLOGG COMPANY and Kellogg Sales Company, Defendants.

United States District Court D. Delaware.

May 17, 1955.

Attorney(s) appearing for the Case

Herbert L. Cobin, Wilmington, Del., and Abraham I. Wolf, New York City, for plaintiff.

David F. Anderson (Berl, Potter & Anderson), Wilmington, Del., Herbert Morton, Chicago, Ill., and Edwin L. Harding, Battle Creek, Mich., for defendants.

RODNEY, District Judge.

This is a motion of the defendants for summary judgment. Some facts are set forth in a prior opinion of this Court in D.C., 113 F.Supp. 845, wherein separate issues were involved and motions for summary judgment thereon were refused.

The present motion brings into view some measure of conflict between two rules of procedure. The complaint was based upon an alleged violation of the Sherman and Clayton...

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