IN RE MORGAN DRUG CO.


37 F.2d 419 (1930)

In re MORGAN DRUG CO.

District Court, S. D. New York.

January 2, 1930.


Attorney(s) appearing for the Case

Weil & Fenster, of New York City (Arthur Weil, of New York City, of counsel), for the motion.

Charles E. Francis, of New York City (George W. Tucker, of New York City, of counsel), opposed.


WOOLSEY, District Judge.

This petition is granted in modified form only, as the injunction will not be made permanent.

I will, however, make an order — comparable to an injunction pendente lite — temporarily restraining and enjoining the trustee from using the trade-marks mentioned in the petition on any goods manufactured or sold by him, unless and until he shall have successfully established his right to do so, either in the suit which has...

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