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SMITH, KLINE & FRENCH LABORATORIES v. WALDMAN

No. 4739.

69 F.Supp. 646 (1946)

SMITH, KLINE & FRENCH LABORATORIES v. WALDMAN.

District Court, E. D. Pennsylvania.

July 18, 1946.

Attorney(s) appearing for the Case

Busser & Harding and George J. Harding, all of Philadelphia, Pa., for plaintiff.

Arthur W. A. Cowan, of Philadelphia, Pa., for defendant.

WELCH, District Judge.

This is a motion by Smith, Kline & French Laboratories to restrain the defendant, Harry A. Waldman, trading as Rona Pharmacal Company, from engaging in acts of alleged unfair competition.

Prior to 1939 plaintiff commenced to market a tablet containing a 10 milligram dosage of amphetamine sulfate under its registered trade-mark "Benzedrine". In 1939 it marketed a pharmaceutical tablet containing a 5 milligram dosage of amphetamine...

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