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SMITH, KLINE & FRENCH LAB. v. HEART PHARM. CORP.

Civ. No. 57-341.

90 F.Supp. 976 (1950)

SMITH, KLINE & FRENCH LABORATORIES v. HEART PHARMACEUTICAL CORPORATION et al.

United States District Court S. D. New York.

May 25, 1950.

Attorney(s) appearing for the Case

Klein, Alexander & Cooper, New York City, George J. Harding, Philadelphia, Pa., and Fred A. Klein, New York City, of counsel, for plaintiff.

Jacob Rassner, Jack Steinman, New York City, of counsel, for defendants.

S. H. KAUFMAN, District Judge.

This is an action for unfair competition. Jurisdiction is based on diversity of citizenship. Plaintiff moves for a temporary injunction.

Plaintiff and its predecessors have engaged in the manufacture of pharmaceuticals continually since 1841. It does a large volume of business and enjoys a good reputation throughout the medical profession and drug trade.

Prior to 1940, plaintiff commenced to market the drugs amphetamine...

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