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DRAPER AND KRAMER, INC. v. BASKIN-ROBBINS, INC.

No. 86 C 4368.

690 F.Supp. 728 (1988)

DRAPER AND KRAMER, INCORPORATED, an Illinois corporation, and LaSalle National Bank, as Trustee under Trust No. 104086 dated June 15, 1981, Plaintiffs, v. BASKIN-ROBBINS, INC., a foreign corporation, Defendant. BASKIN-ROBBINS, INC., a foreign corporation, Counterplaintiff, v. DRAPER AND KRAMER, INCORPORATED, an Illinois corporation, Counterdefendant.

United States District Court, N.D. Illinois, E.D.

August 10, 1988.

Attorney(s) appearing for the Case

Kathy P. Saxton, Wildman, Harrold, Allen & Dixon, Chicago, Ill., for plaintiffs.

Michael R. Levinson, Mark A. Orloff, Alexander, Unikel, Zalewa & Tenenbaum, Ltd., Chicago, Ill., for defendant.

MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

What are soda fountain items? Defendant says, "sodas, sundaes, and cones." Plaintiffs say, "ice cream sodas, ice cream sundaes, and ice cream cones." (The court thinks of chickens, but more on that later.)

FACTS

Defendant Baskin-Robbins, Inc. ("Baskin-Robbins") sells "31 flavors" of hard ice cream. On December 31, 1979, Baskin-Robbins leased commercial property in the Brettwood Village...

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