JOHN MORRELL & CO. v. RELIABLE PACKING CO.

No. 58 C 1965.

172 F.Supp. 276 (1959)

JOHN MORRELL & CO., Plaintiff, v. RELIABLE PACKING CO., Defendant.

United States District Court N. D. Illinois, E. D.

April 6, 1959.


Attorney(s) appearing for the Case

Byron, Hume, Groen & Clement, Chicago, Ill., Boynton P. Livingston, G. Cabell Busick, Mason, Fenwick & Lawrence, Washington, D. C., for plaintiffs.

Brezina & Buckingham, Chicago, Ill., for defendant.


SULLIVAN, District Judge.

This action to recover damages and for an injunction arises from defendant's alleged misuse of plaintiff's trade-mark. The first count of the complaint is based on the Federal Trade-Mark Act, 15 U.S. C.A. § 1051 et seq.; the second count claims unfair competition; the third count claims a violation of Chapter 140, § 22, Ill.Rev.Stat.Ann.

Defendant has moved to strike the third count on the grounds that it is inconsistent...

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