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FLINT v. OLEET JEWELRY MANUFACTURING CO.

133 F.Supp. 459 (1955)

Maurice B. FLINT and Mary Alice Flint, Co-Partners doing business as the Flint Company, Plaintiffs, v. OLEET JEWELRY MANUFACTURING CO., a partnership composed of Harold K. Oleet, William Oleet, and Irving Oleet, and Gerald Sears, Defendants.

United States District Court S. D. New York.

June 23, 1955.

Attorney(s) appearing for the Case

Cooper, Dunham, Keith & Dearborn, New York City, John N. Cooper, Thomas J. Byrne, Jr., New York City, of counsel, for plaintiffs.

Emanuel Schwartz, New York City, for Oleet defendants.

Irving C. Nachbar, New York City, for defendant Gerald Sears.

DAWSON, District Judge.

In this action, both plaintiffs and defendants have moved for summary judgment under Rule 56 of the Rules of Civil Procedure, 28 U.S.C.A. The plaintiffs have also moved, in the alternative, for a preliminary injunction.

The complaint alleges two causes of action: one for unfair competition and one for copyright infringement. Defendants' answers deny generally the material allegations of the complaint. Depositions have been taken. Both...

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