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DERBY INDUSTRIES, INC. v. CHESTNUT RIDGE FOAM

Civil No. 3:02cv0021AS.

202 F.Supp.2d 818 (2002)

DERBY INDUSTRIES, INC, Plaintiff, v. CHESTNUT RIDGE FOAM, INC., Defendant.

United States District Court, N.D. Indiana, South Bend Division.

April 10, 2002.

Attorney(s) appearing for the Case

Thomas M. Dixon, South Bend, IN, Barry A. Macey, Indianapolis, IN, for Plaintiff.

Jospeh R. Fullenkamp, Timothy J. Maher, South Bend, IN, Robert M. Linn, Brian T. Licastro, Pittsburgh, PA, William T. Hopkins, Jr., Karen A. Festa, Shaun E. Graham, Maci M. Doden, Fort Wayne, IN, for Defendant.

MEMORANDUM AND ORDER

ALLEN SHARP, District Judge.

I. BACKGROUND

Derby Industries ("Derby") and Chestnut Ridge Foam ("Chestnut") are competitors in the highly specialized business of prison mattress production and sales. Derby contends Chestnut, in its quest to increase their sales among the various purchasers of prison mattresses, has engaged in a campaign of false and misleading advertising

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