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PAREV PRODUCTS CO. v. I. ROKEACH & SONS

No. 105.

124 F.2d 147 (1941)

PAREV PRODUCTS CO., Inc., v. I. ROKEACH & SONS, Inc.

Circuit Court of Appeals, Second Circuit.

December 24, 1941.

Attorney(s) appearing for the Case

David Haar, of New York City, for plaintiff-appellant.

Morton L. Deitch, of New York City (Stroock & Stroock and Milton Socolof, all of New York City, and Jacob Aks, of Brooklyn, N. Y., on the brief), for defendant-appellee.

Before L. HAND, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

This appeal involves the question whether or not an injunction should issue to enforce an asserted implied negative covenant in a contract granting an exclusive license to use a secret formula for a food product. In the District Court the complaint was dismissed on the merits, D.C.E. D.N.Y., 36 F.Supp. 686, on the ground that the parties to the contract did not intend a negative covenant. Although the District...

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