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MGP INGREDIENTS, INC. v. MARS, INC.

No. 06-2318-JWL.

494 F.Supp.2d 1231 (2007)

MGP INGREDIENTS, INC., Plaintiff, v. MARS, INCORPORATED and S & M Nutec, LLC, Defendants.

United States District Court, D. Kansas.

July 5, 2007.

Attorney(s) appearing for the Case

Amii N. Castle, Lathrop & Gage, LC, Overland Park, KS, David R. Barnard, Patrick N. Fanning, Peter F. Daniel, Lathrop & Gage, LC, Kansas City, MO, David J. Lee, Lathrop & Gage, LC, Boulder, CO, for Plaintiff.

Aaron P. Maurer, Andrew W. Rudge, Ann N. Sagerson, Christopher M. D'Angelo, Dane H. Butswinkas, David A. Forkner, Williams & Connolly, LLP, Washington, DC, Brian K. O'Bleness, Jodi M. Hoss, Stinson Morrison Hecker LLP, Kansas City, MO, for Defendants.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

This lawsuit involves the popular Greenies®, chew for dogs, which has been sold for years by defendant S & M NuTec LLC (SMN) using, until recently, a formulation containing confidential ingredients supplied by plaintiff MGP Ingredients (MGPI). In April of 2006, defendant Mars, Incorporated (Mars) acquired SMN and developed a purportedly new formulation...

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