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GENERAL FOODS CORPORATION v. CARNATION COMPANY

No. 17263.

411 F.2d 528 (1969)

GENERAL FOODS CORPORATION, Plaintiff-Appellee, v. CARNATION COMPANY, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

June 11, 1969.

Attorney(s) appearing for the Case

Richard R. Trexler, Richard Bushnell, Chicago, Ill., Donald E. Nist, Los Angeles, Cal., for defendant-appellant.

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

Before MAJOR, Senior Circuit Judge, and SWYGERT and KERNER, Circuit Judges.

MAJOR, Senior Circuit Judge.

On April 2, 1968, General Foods Corporation filed in the Northern District of Illinois its complaint charging Carnation Company with infringement of United States Patent No. 3,119,691, which described and claimed plaintiff's animal food marketed under the name, "Gravy Train."

On June 7, 1968, Carnation filed in the Central District of California an action for declaratory judgment, invoking the identical parties and issues as those...

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