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RECONSTRUCTION FINANCE CORP. v. J. G. MENIHAN CORP.

No. 2174.

22 F.Supp. 180 (1938)

RECONSTRUCTION FINANCE CORPORATION v. J. G. MENIHAN CORPORATION et al.

District Court, W. D. New York.

February 7, 1938.

Attorney(s) appearing for the Case

Abbott, Rippey & Hutchens and Harold G. Hutchens, all of Rochester, N. Y. (Nims & Verdi, of New York City, of counsel), for plaintiff.

Werner, Harris & Tew and George H. Harris, all of Rochester, N. Y., for defendants.

BURKE, District Judge.

This is a motion to dismiss the bill of complaint upon the grounds that it fails to state facts sufficient to constitute a cause of action and that it is without equity.

The facts as alleged are substantially as follows: A corporation known as the Menihan Company was engaged in the business of manufacturing shoes at Rochester, N. Y. In connection therewith it began in 1912 to use the trade...

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