PERDUE FARMS, INC. v. MOTTS, INC. OF MISSISSIPPI

No. WC 75-101-S.

459 F.Supp. 7 (1978)

PERDUE FARMS, INC., a Maryland Corporation, Plaintiff-Counter-Defendant, v. MOTTS, INC. OF MISSISSIPPI, a Mississippi Corporation, Defendant-Counter-Claimant.

United States District Court, N. D. Mississippi, W. D.

On Motion to Reconsider July 21, 1978.


Attorney(s) appearing for the Case

Will A. Hickman, Sumners, Hickman & Rayburn, Oxford, Miss., for plaintiff-counter-defendant.

John S. Throop, Jr., Water Valley, Miss., Lowell E. Grisham, Ethridge & Grisham, Oxford, Miss., for defendant-counter-claimant.


MEMORANDUM OF DECISION

ORMA R. SMITH, District Judge.

This case is before the court for consideration of (1) defendant's motion to amend and supplement counterclaim, (2) defendant's motion to amend counterclaim, and (3) plaintiff's motion to dismiss defendant's counterclaim for failure to state a claim or in the alternative for summary judgment.

Plaintiff Perdue Farms, Inc. (Perdue) sells dressed poultry under the brand name Perdue Roasters. Perdue...

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