LAZAR v. CECELIA CO.


30 F.Supp. 769 (1939)

LAZAR v. CECELIA CO.

District Court, S. D. New York.

September 18, 1939.


Attorney(s) appearing for the Case

Gustave Simons, of New York City, for plaintiff.

Townley, Updike & Carter, of New York City (J. Howard Carter and Carl S. Forsythe, both of New York City, of counsel), for defendant.


LEIBELL, District Judge.

On April 14, 1939, a complaint was filed in this action alleging trade-mark infringement by the defendant and seeking an injunction, an accounting of profits, damages, attorneys' fees and costs. On May 3, 1939, defendant filed a motion to dismiss the complaint on the following grounds:

(1) That the complaint fails to state a claim upon which relief can be granted;

(2) That the defendant is an Illinois corporation and was not...

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