No. 13447.

302 F.2d 496 (1962)

AR-TIK SYSTEMS, INC., Appellee, v. DAIRY QUEEN, INC., Appellant.

United States Court of Appeals Third Circuit.

Decided March 28, 1962.

Attorney(s) appearing for the Case

Wallace D. Newcomb, Philadelphia, Pa. (Paul & Paul, John H. Austin, Michael H. Egnal, Philadelphia, Pa., on the brief), for appellant.

Mark D. Alspach, Philadelphia, Pa. (Virgil Bozeman, Moline, Ill., Owen J. Ooms, Malcolm S. Bradway, Ooms, Welsh & Bradway, Chicago, Ill., Krusen, Evans & Shaw, Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and FORMAN, Circuit Judges.

FORMAN, Circuit Judge.

In the amended complaint filed in the United States District Court for the Eastern District of Pennsylvania, Ar-Tik Systems, Inc., (Ar-Tik) a corporation of Indiana, alleged that it entered into an agreement on September 7, 1946 with H. A. McCullough, H. F. McCullough and J. F. McCullough, co-partners doing business as McCullough's Dairy Queen,1 whereby it licensed the McCulloughs...

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