JOS. SCHLITZ BREWING CO. v. GENERAL BREWING CO.

No. 76-C-18.

430 F.Supp. 571 (1977)

JOS. SCHLITZ BREWING CO., Plaintiff, v. GENERAL BREWING COMPANY, Defendant.

United States District Court, E. D. Wisconsin.

April 5, 1977.


Attorney(s) appearing for the Case

Andrus, Sceales, Stark & Sawall by Merl E. Sceales, Milwaukee, Wis., for plaintiff; Pattishall, McAuliffe & Hofstetter by Beverly W. Pattishall, Robert M. Newbury, and Lawrence S. Wick, Chicago, Ill., of counsel.

Michael, Best & Friedrich by David J. Cannon, Milwaukee, Wis., for defendant.


DECISION AND ORDER

MYRON L. GORDON, District Judge.

This is an action for a declaratory judgment in which jurisdiction is based on the diversity of the plaintiff, a Wisconsin brewer, and the defendant, a California brewer. The plaintiff has filed a motion for summary judgment, pursuant to rule 56, Federal Rules of Civil Procedure, for a declaration that the word "light" is a common descriptive or generic word for beer, as to which the defendant has no exclusive...

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