JOHN ROBERTS MFG. CO. v. UNIVERSITY OF NOTRE DAME DU LAC

Civ. No. 2113.

152 F.Supp. 269 (1957)

JOHN ROBERTS MANUFACTURING COMPANY v. UNIVERSITY OF NOTRE DAME DU LAC.

United States District Court N. D. Indiana, South Bend Division.

June 27, 1957.


Attorney(s) appearing for the Case

Kenyon & Kenyon, New York City, Gerald A. Kamm, South Bend, Ind., for plaintiff.

Farabaugh, Chapleau & Roper, Eugene C. Knoblock, South Bend, Ind., for defendant.


PARKINSON, District Judge.

This is an action under the Declaratory Judgment Act, 28 U.S.C.A. §§ 2201, 2202, wherein the defendant filed a counterclaim alleging unfair competition, trade-mark infringement and misbranding with submission to the court for an adjudication of the rights of the parties.

The determinative facts established by the undisputed evidence are that the plaintiff is a Delaware Corporation, with its factory and principal office...

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