Legal Opinion

Comidas Exquisitos, Inc. v. Carlos McGee's Mexican Cafe, Inc.

District Court, S.D. Iowa

Decided January 11, 1985No. Civ. 83-600-DPublishedCited by 20 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

HANSON, Senior District Judge.

Plaintiff, Comidas Exquisitos, Inc., brought this action for service mark infringement and related claims against defendant, Carlos McGee’s Mexican Cafe, Inc. Defendant has asserted a counterclaim for unfair competition. This action came on for trial to the Court on October 16, 1984. At trial, plaintiff’s Exhibits 31, 40 and 41 were received subject to defendant’s hearsay objection. The Court now rules these exhibits admissible under the business records exception to the hearsay rule. Rule 803(6), Fed.R.Evid. Defendant's Exhibit E has been…

2Cases cited36 opinions

  1. McGregor-Doniger Inc. v. Drizzle Inc.Court of Appeals for the Second Circuit · 1979
  2. Amstar Corporation v. Domino's Pizza, Inc. And Atlanta Pizza, Inc., Pizza Enterprises, Inc. And Pizza Services, Inc., Hanna Creative Enterprises, Inc.Court of Appeals for the Fifth Circuit · 1980
  3. Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
  4. Stork Restaurant, Inc. v. SahatiCourt of Appeals for the Ninth Circuit · 1948
  5. Sun Banks of Florida, Inc., a Florida Corporation Etc. v. Sun Federal Savings and Loan Association, a Federal Savings and Loan AssociationCourt of Appeals for the Fifth Circuit · 1981

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3Cited by20 opinions

  1. Noxell Corp. v. Firehouse No. 1 Bar-B-Que RestaurantCourt of Appeals for the D.C. Circuit · 1985
  2. Taj Mahal Enterprises, Ltd. v. TrumpDistrict Court, D. New Jersey · 1990
  3. Nikon, Inc. v. Ikon Corp.District Court, S.D. New York · 1992
  4. Mead Data Central, Inc. v. Toyota Motor Sales, U.S.A., Inc.District Court, S.D. New York · 1988
  5. United States Jaycees v. Commodities Magazine, Inc.District Court, N.D. Iowa · 1987

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