Creamery Package Mfg. Co. v. Cherry-Burrell Corp.

NIELDS, District Judge.

Motion to dismiss or, in the alternative, for summary'judgment.

March 27, 1940, plaintiff the Creamery Package Manufacturing Company, hereinafter referred to as “Creamery Package”, brought a declaratory judgment suit in this court against the defendants Cherry-Burrell Corporation, hereinafter referred to as “Cherry-Burrell”, and the Girdler Corporation, hereinafter referred to as “Girdler”. In its complaint plaintiff prays that (1) an injunction issue enjoining defendants from sending notices of infringement to plaintiff’s customers and from suing said customers charging…