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HORN & HARDART CO. v. BURGER KING CORP.

No. 79 Civ. 4564.

476 F.Supp. 1058 (1979)

The HORN & HARDART COMPANY, Plaintiff, v. BURGER KING CORPORATION and the Pillsbury Company, Defendants.

United States District Court, S. D. New York.

September 28, 1979.

Attorney(s) appearing for the Case

Proskauer, Rose, Goetz & Mendelsohn, New York City, for plaintiff; Marvin E. Frankel, Ronald S. Rauchberg, New York City, of counsel.

Weil, Gotshal & Manges, New York City, for defendants; Peter Gruenberger, New York City, of counsel.

WHITMAN KNAPP, District Judge.

Horn & Hardart brought this motion for a preliminary injunction and a temporary restraining order to enjoin defendant Burger King Corporation from prosecuting an action filed by it against Horn & Hardart in the Southern District of Florida. At the second of the two hearings held on this motion the parties stipulated that the matter should be treated as an application for a permanent injunction.

On August 29, 1979 at 2...

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