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WEISSBARD v. COTY

No. 5029.

66 F.2d 559 (1933)

WEISSBARD et al. v. COTY, Inc.

Circuit Court of Appeals, Third Circuit.

August 8, 1933.

Attorney(s) appearing for the Case

Grosman & Grosman, of Newark, N. J. (Robert D. Grosman, of Newark, N. J., of counsel), for appellants.

Lionel P. Kristeller, of Newark, N. J. (Coudert Brothers, of New York City, of counsel), for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

In this case the court below granted a preliminary injunction, pending final hearing, enjoining the defendant from selling, in the way complained of, face powder manufactured by the plaintiff. The granting or withholding of such preliminary injunction was a matter that involved the exercise of discretion. On the one hand, the defendant was forbidden to sell a merchandise article. On the other hand, if it did do so, there was alleged danger...

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