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BLACK & YATES v. MAHOGANY ASS'N

No. 92 Civil.

34 F.Supp. 450 (1940)

BLACK & YATES, Inc., et al. v. MAHOGANY ASS'N, Inc., et al.

District Court, D. Delaware.

August 1, 1940.

Attorney(s) appearing for the Case

Wallace H. Martin (of Nims & Verdi), New York City, and Hugh M. Morris and S. Samuel Arsht, both of Wilmington, Del., for plaintiff.

William P. McCool, of New York City, and Arthur G. Logan (of Logan & Duffy), of Wilmington, Del., for defendant Mahogany Ass'n., Inc.

J. Montgomery Forster, of Philadelphia, Pa., and Arthur G. Logan (of Logan & Duffy), of Wilmington, Del., for Thompson Mahogany Co.

NIELDS, District Judge.

Pursuant to Rule 12 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, each defendant moves to dismiss the complaint, as supplemented by the bills of particulars, for failure to state a claim upon which relief can be granted.

For over fifteen years plaintiffs and their associates have been defendants before the Federal Trade Commission on a charge of unfair competition....

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