DAD'S ROOT BEER CO. v. DOC'S BEVERAGES


94 F.Supp. 121 (1950)

DAD'S ROOT BEER CO. v. DOC'S BEVERAGES, Inc., et al.

United States District Court, S. D. New York.

December 7, 1950.


Attorney(s) appearing for the Case

Krinsky, Levitan & Glassner, of Chicago, Ill., and Campbell, Brumbaugh, Free & Graves, of New York City (Moses Levitan and Theodore J. Levitan, both of Chicago, Ill., of counsel), for plaintiff.

Moses, Nehrbas & Tyler, of New York City (Charles J. Nehrbas, New York City, of counsel), for defendants.


RYAN, District Judge.

Defendants except to the report of the master, submitted upon an accounting ordered following an adjudication of unfair competition.

The report finds that defendants during the period of their offending practices in marketing "Doc's" root beer secured profits totalling $6,275.69 from sales of that product. Plaintiff waived its right to prove damages "other than those resulting from profits which may have been made by the defendants."...

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