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PINAUD, INC. v. HUEBSCHMAN

No. 2966.

27 F.2d 531 (1928)

PINAUD, Inc., v. HUEBSCHMAN.

District Court, E. D. New York.

January 30, 1928.

Attorney(s) appearing for the Case

Hoguet & Neary, of New York City (Daniel L. Morris, of New York City, of counsel), for plaintiff.

Davies, Auerbach & Cornell, of New York City (Marion Butler and Alexander J. Feild, both of New York City, of counsel), for defendant.

INCH, District Judge.

Plaintiff complains that defendant has unlawfully appropriated and infringed certain trade-marks of plaintiff's, and also alleges that an unfair competition is being carried on by defendant, to plaintiff's injury.

Both the plaintiff and the defendant are residents of the same state, to wit, state of New York. This being undisputed, the defendant at the outset, and also at the end, of plaintiff's case, moved to dismiss the cause of action...

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