HML CORPORATION v. GENERAL FOODS CORPORATION

No. 15483.

365 F.2d 77 (1966)

HML CORPORATION, Appellant, v. GENERAL FOODS CORPORATION.

United States Court of Appeals Third Circuit.

Decided September 1, 1966.


Attorney(s) appearing for the Case

Harold E. Kohn, Philadelphia, Pa., William T. Coleman, Jr., Robert W. Maris, Stuart H. Savett, Philadelphia, Pa., Dilworth, Paxson, Kalish, Kohn & Dilks, Philadelphia, Pa., of counsel, for appellant.

Lewis H. Van Dusen, Jr., Philadelphia, Pa., Robert S. Ryan, R. Philip Steinberg, Philadelphia, Pa., Drinker Biddle & Reath, Philadelphia, Pa., John A. Riegel, Gordon R. Brown, White Plains, N. Y., of counsel, for appellee.

Before STALEY, SMITH and FREEDMAN, Circuit Judges.


FREEDMAN, Circuit Judge.

In this suit for breach of a contract, plaintiff, HML Corporation (formerly Cream Wipt Foods, Inc.), appeals from a judgment of dismissal entered at the conclusion of its case by the district judge sitting without a jury.

The following facts are uncontested. Beginning in 1934 plaintiff had been manufacturing and distributing a salad dressing under the trademarked name "Cream Wipt". In 1956 defendant began to distribute a dessert topping...

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