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GRAY v. ESKIMO PIE CORPORATION

Civ. A. No. 2266.

244 F.Supp. 785 (1965)

Floyd L. GRAY, Gordon Gray, Edward Gray, a Partnership Doing Business as Snonuts Company, Plaintiffs, v. ESKIMO PIE CORPORATION, Defendant.

United States District Court D. Delaware.

July 12, 1965.

Attorney(s) appearing for the Case

Robert W. Wakefield, Walker, Miller & Wakefield, and Carl W. Mortenson, Wilmington, Del., for plaintiffs.

Richard J. Abrams, Richards, Layton & Finger, Wilmington, Del., Francis C. Browne and Richard G. Kline, Browne, Schuyler & Beveridge, Washington, D. C., of counsel, for defendant.

STEEL, District Judge.

Plaintiffs have sued defendant for infringement of plaintiffs' federally registered trademark "SNONUTS", their federally registered copyright, and for unfair competition.

Although the pretrial order of January 18, 1965 and the supplemental pretrial order dated January 15, 1965 state that plaintiffs likewise seek to recover for breach of an express and/or an implied contract which they had...

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