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GOLD KIST INC. v. CONAGRA, INC.

Civ. A. No. 1:87-CV-2558-MHS.

708 F.Supp. 1291 (1989)

GOLD KIST INC., Plaintiff, v. CONAGRA, INC., d/b/a ConAgra Foodservice, Defendant.

United States District Court, N.D. Georgia, Atlanta Division.

February 8, 1989.

Attorney(s) appearing for the Case

Martin J. Elgison, Jay D. Bennett, Alston & Bird, Atlanta, Ga., Arthur Schwartz, phv, Schwartz Jeffery Schwaab Mack Blumenthal & Evans, Alexandria, Va., for plaintiff.

Thomas Willard Rhodes, Smith Gambrell & Russell, Atlanta, Ga., John P. Passarelli, phv, McGrath North O'Malley & Katz, Omaha, Neb., for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

SHOOB, District Judge.

An evidentiary hearing was held in this case on October 27, 1988 to determine whether plaintiff, Gold Kist Inc. ("Gold Kist") is entitled to a permanent injunction against ConAgra, Inc.'s ("ConAgra") use of the label "Golden Medallion" for its processed chicken products. Gold Kist alleges that ConAgra's label violates both Sections 32(1) and 43(a) of the Lanham Act, 15 U.S. C. §§ 1114...

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