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GENERAL FOODS CORPORATION v. PERK FOODS CO.

No. 16887.

419 F.2d 944 (1969)

GENERAL FOODS CORPORATION, Plaintiff-Appellee, v. PERK FOODS CO., Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 12, 1970.

Attorney(s) appearing for the Case

Herman J. Gordon, Chicago, Ill., for appellant.

Arthur G. Connolly, Richard E. Cornwell, Wilmington, Del., Sidney S. Gorham, Chicago, Ill., Michael J. Quillinan, White Plains, N. Y., Connolly, Bove & Lodge, Wilmington, Del., for plaintiff-appellee. Phillip B. Bowman, Miller, Gorham, Westcott & Adams, Chicago, Ill., James M. Mulligan, Jr., Connolly, Bove & Lodge, Wilmington, Del., of counsel.

Before SWYGERT and KERNER, Circuit Judges, and WISE, District Judge.

KERNER, Circuit Judge.

General Foods Corporation (General Foods), a Delaware Corporation, filed suit on October 24, 1964, against Perk Foods Co. (Perk), an Illinois corporation, alleging infringement of its patent for a "Novel Farinaceous Animal Food" known as "Gravy Train." Perk counterclaimed alleging invalidity and noninfringement of plaintiff's patent. The district court entered final judgment for the plaintiff-appellee holding its Letter Patent No. 3,119,691...

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