FRANCIS v. FOODS PLUS, INC.


276 A.D. 965 (1950)

Jesse Francis et al., Appellants, v. Foods Plus, Inc., et al., Defendants, and Marcus Loew Booking Agency, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 6, 1950.


Order reversed on the law, without costs, and motion denied, without costs, with leave to said defendant to answer within ten days from the entry of the order hereon.

The complaint alleges that the respondent, together with the other two defendants, sold and distributed the food or drug in question. Therefore, accepting, as we must, the allegations of the complaint to be true, it may not be held that it is...

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