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FISHER BAKING COMPANY v. CONTINENTAL BAKING CORPORATION

No. C 145-64.

238 F.Supp. 322 (1965)

FISHER BAKING COMPANY, a Utah corporation, Plaintiff, v. CONTINENTAL BAKING CORPORATION, a Delaware corporation, General Baking Company, a New York corporation, Eddy Bakeries Company, Inc., a Delaware corporation, and Royal Baking Company, a Utah corporation, Defendants.

United States District Court D. Utah, Central Division.

February 12, 1965.

Attorney(s) appearing for the Case

Clifford L. Ashton, and Richard W. Giauque, of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, for plaintiff, Fisher Baking Co.

Peter W. Billings, of Fabian & Clendenin, Salt Lake City, Utah, and John H. Schafer, of Covington & Burling, Washington, D. C., for defendant Continental Baking Co.

C. E. Henderson and Donald E. Holbrook, of Ray, Rawlins, Jones & Henderson, Salt Lake City, Utah, and William J. Manning and Arthur I. Settles, of Simpson, Thacher & Bartlett, New York City, for defendants General Baking Co., Eddy Bakeries Co., Inc., and Royal Baking Co.

CHRISTENSEN, District Judge.

In this antitrust suit,1 the defendant General Baking Company, a New York corporation,2 has moved for a dismissal of the complaint for lack of venue and for the quashing of service of process, upon the ground that it was not an inhabitant of, or found or transacting business within, the District of Utah.3

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