AMERICAN AUTO. ASS'N v. SPIEGEL

Civ. 10516.

101 F.Supp. 185 (1951)

AMERICAN AUTO. ASS'N, Inc. et al. v. SPIEGEL et al.

United States District Court E. D. New York.

November 13, 1951.


Attorney(s) appearing for the Case

Leo T. Kissam, New York City (Eric Nightingale, New York City, of counsel), for plaintiffs.

Rubinton & Coleman, Brooklyn (Frank Reiss, New York City and Noel Rubinton, Brooklyn, N. Y., of counsel), for defendant.


BYERS, District Judge.

This is a plaintiffs' motion in a trademark alleged infringement, and unfair competition case, to strike the defendant's answer and for summary judgment. The motion is urged on the showing of the depositions taken by both sides, and the affidavits and exhibits filed with the motion papers, whereby it is urged that the lack of any genuine disputed issues of fact is demonstrated, as distinguished from conclusions to be drawn therefrom.

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