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PRINCE MATCHABELLI, INC. v. ANHALT & CO.

40 F.Supp. 848 (1941)

PRINCE MATCHABELLI, Inc., v. ANHALT & CO., Inc.

District Court, S. D. New York.

July 14, 1941.

Attorney(s) appearing for the Case

Dean, Fairbank & Hirsch, of New York City (William S. Gluck, Morris Hirsch, and Gluck & Breitenfeld, all of New York City, of counsel), for plaintiff.

Munn, Liddy, Glaccum & Kane, of New York City (Daniel H. Kane, of New York City, of counsel), for defendant.

COXE, District Judge.

This is a motion by the plaintiff for an injunction pendente lite. There is also a counter motion by the defendant to strike from the complaint allegations charging the defendant with unfair competition.

The suit is for alleged infringement of the Frank patent, No. 2,210,755, issued August 6, 1940, covering a purse kit, and also for unfair competition. There is no diverse citizenship between the parties, and federal jurisdiction is predicated...

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