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McKEE BAKING CO. v. INTERSTATE BRANDS CORP.

No. 90-0450C(6).

738 F.Supp. 1272 (1990)

McKEE BAKING COMPANY, Plaintiff, v. INTERSTATE BRANDS CORPORATION, Defendant.

United States District Court, E.D. Missouri, E.D.

June 14, 1990.

Attorney(s) appearing for the Case

Thomas M. Carney, Husch, Eppenberger, Donohue, Cornfeld & Jenkins, St. Louis, Mo., James C. Rubinger & Kimla Wilkins, (co-counsel), Donald A. Kaul, Washington, D.C., for plaintiff.

Robert Hartzog, Clayton, Mo., Robert D. Hovey, Thomas Van Hoozer, Hovey, Williams, Timmons & Collins, Kansas City, Mo., for defendant.

MEMORANDUM

GUNN, District Judge.

This case is currently before the Court on plaintiff's motion for preliminary injunction. For the reasons set forth fully below, this Court denies the motion.

Plaintiff McKee Baking Company ("McKee") has for thirty years produced and sold snack cakes under the federally registered trademark LITTLE DEBBIE. Defendant Interstate Brands Corporation ("Interstate") has used the registered trademarks DOLLY MADISON (since...

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