PROCTER & GAMBLE CO. v. NABISCO BRANDS, INC.

Civ. A. No. 84-333 LON.

697 F.Supp. 1360 (1988)

The PROCTER & GAMBLE COMPANY, Plaintiff, v. NABISCO BRANDS, INC., Keebler Company and Frito-Lay, Inc., Defendants.

United States District Court, D. Delaware.

October 21, 1988.


Attorney(s) appearing for the Case

Robert H. Richards, III of Richards, Layton & Finger, Wilmington, Del. (Jerome G. Lee, Harry C. Marcus, John F. Sweeney and Christopher A. Hughes of Morgan & Finnegan, New York City, Julius P. Filcik, Rose Ann Dabek and Richard C. Witte of Procter & Gamble Co., Cincinnati, Ohio, of counsel), for plaintiff Procter & Gamble Co.

Mary B. Graham of Morris, Nichols, Arsht & Tunnell, Wilmington, Del. (Paul Heller, Edward W. Greason and Walter Scott of Kenyon & Kenyon, New York City, of counsel), for defendant Nabisco Brands, Inc.

Howard M. Handelman of Bayard, Handelman & Murdoch, Wilmington, Del. (Daniel M. Riess of Lockwood, Alex, Fitzgibbon & Cummings, Chicago, Ill., William Glendon of Roger & Wells, New York City, Craig S. Stevens of Keebler Co., Elmhurst, Ill., of counsel), for defendant Keebler Co.

James F. Burnett and Donald J. Wolfe, Jr. of Potter, Anderson & Corroon, Wilmington, Del. (Wayne M. Harding, Thomas A. Miller and John E. Schneider of Arnold, White & Durkee, Houston, Tex., Ronald R. Kranzow and Terrence D. Dreyer of Frito-Lay, Inc., Dallas, Tex., of counsel), for defendant Frito-Lay, Inc.


OPINION

LONGOBARDI, District Judge.

An initial examination of this motion and all the related briefs and correspondence may leave one overwhelmed by the seeming complexity of the matters involved. Upon closer analysis, however, the reader can peel away the layers of empty verbiage and expose the gravamen of the issue. Once done, the jumble of conclusory statements tumbles like a house of cards.

This...

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