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FLAVOR CORPORATION OF AMERICA v. KEMIN INDUSTRIES, INC.

No. 74-1471.

503 F.2d 729 (1974)

FLAVOR CORPORATION OF AMERICA, Appellant, v. KEMIN INDUSTRIES, INC., and Rolland W. Nelson, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 11, 1974.

Attorney(s) appearing for the Case

William E. Lucas, Chicago, Ill., and Donald A. Wine, Des Moines, Iowa, for appellant.

Donald H. Zarley and Michael G. Voorhees, Des Moines, Iowa, for appellees.

Before LAY, BRIGHT and WEBSTER, Circuit Judges.

WEBSTER, Circuit Judge.

In this appeal, Flavor Corporation of America (FCA) challenges an order of the District Court which FCA contends contravenes a prior judgment and injunction of the same court which, upon appeal, this court approved and affirmed.1

Briefly summarized, the holding of the District Court in the original action was as follows: (1) the registered trademark "PESTLUR" held by FCA was a descriptive mark and, since...

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