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McCULLOUGH v. DAIRY QUEEN INC.

Civ. A. No. 28876.

194 F.Supp. 686 (1961)

H. A. McCULLOUGH and H. F. McCullough, a partnership, doing business as McCullough's Dairy Queen and Burton F. Myers, Robert J. Rydeen, M. E. Montgomery and Lorraine Dale, Executrix of the Estate of Howard S. Dale, deceased, individuals, v. DAIRY QUEEN, INC.

United States District Court E. D. Pennsylvania.

June 1, 1961.

Attorney(s) appearing for the Case

Krusen, Evans & Byrne, by Mark D. Alspach, Philadelphia, Pa., for plaintiffs.

Michael H. Egnal, Philadelphia, Pa., for defendant.

WOOD, District Judge.

On December 28, 1960, we granted the plaintiffs' motion for a preliminary injunction and filed findings of fact and conclusions of law in support of our order. The factual background of this case is sufficiently set forth in the aforesaid memorandum. Subsequently, the defendant filed its answer to the plaintiffs' complaint and demanded a jury trial. The defendant did not specify the issues on which...

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