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KITCHENS OF SARA LEE, INC. v. NIFTY FOODS CORPORATION

No. 112, Docket 25072.

266 F.2d 541 (1959)

KITCHENS OF SARA LEE, INC., Plaintiff-Appellee, v. NIFTY FOODS CORPORATION, Lady Ilene, Inc., A. Lustig, Inc., Lustig Food Corporation, Abraham Lustig and Ilene Lustig, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided May 7, 1959.

Attorney(s) appearing for the Case

Beverly W. Pattishall, Chicago, Ill. (W. Thomas Hofstetter, Woodson, Pattishall & Garner, Chicago Ill., Charles Shepard, Rochester, N. Y., on the brief), for plaintiff-appellee.

John Schulman, New York City (Leo F. Simpson, Jr., Rochester, N. Y., Solomon A. Klein, M. William Krasilovsky, New York City, on the brief), for defendants-appellants.

Before CLARK, Chief Judge, MOORE, Circuit Judge, and GIBSON, District Judge.

MOORE, Circuit Judge.

Plaintiff and defendants both bake and sell to the public such familiar bakery products as chocolate cake, cream cheese cake, pound cake and coffee cake. In keeping with popular trend these cakes are sold in a frozen condition. The housewife need do no more to prepare them for service than to remove them from the refrigerator and let them thaw out. Claiming that defendants have violated plaintiff's rights in four distinct fields of law, i. e...

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