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BEADLESTON & WOERZ v. EMPIRE CITY BREWING CO.

No. 7364.

8 F.Supp. 525 (1934)

BEADLESTON & WOERZ v. EMPIRE CITY BREWING CO., Inc.

District Court, E. D. New York.

October 11, 1934.

Attorney(s) appearing for the Case

Guggenheimer & Untermyer, of New York City (Milton E. Mermelstein, of New York City, of counsel), for plaintiff.

Morris M. Marcus, of New York City, for defendant.

BYERS, District Judge.

This is a motion for an injunction pendente lite sought by the plaintiff in an action in which the bill of complaint alleges infringement of the plaintiff's trade-mark, and unfair competition on the part of the defendant. There is no separate cause of action pleaded as for unfair competition, nor could there be because there is no diversity of citizenship; consequently the court would have no jurisdiction in such a cause. General Baking Co....

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