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FRANHAN DISTRIBUTORS v. NEW YORK WORLD'S FAIR 1939

No. 65.

124 F.2d 82 (1941)

FRANHAN DISTRIBUTORS, Inc., v. NEW YORK WORLD'S FAIR 1939, Inc., et al.

Circuit Court of Appeals, Second Circuit.

December 8, 1941.

Attorney(s) appearing for the Case

Pfeiffer & Crames, of New York City, (Alexander Pfeiffer and Paul N. Pfeiffer, both of New York City, of counsel), for appellant.

Lord, Day & Lord, of New York City (Thomas F. Daly and Franklin B. Lord, Jr., both of New York City, of counsel), for defendant New York World's Fair Inc. 1939.

White & Case, of New York City, (Lowell Wadmond, of New York City, of counsel), for appellee Swift & Co.

Before SWAN, CHASE, and FRANK, Circuit Judges.

CHASE, Circuit Judge.

This suit, originally brought in the Supreme Court of the State of New York, was removed to the Southern District of New York and there tried to a jury. At the close of the plaintiff's evidence, the court granted a motion to dismiss the complaint as to each defendant for failure to prove a prima facie case and the plaintiff has appealed. The cause of action alleged against the defendant New York World's Fair 1939 Incorporated, which will be called...

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