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AM. TCP CORP. v. STRAUSS STORES CORP.

206 Misc. 1017 (1954)

American TCP Corporation, Plaintiff, v. Strauss Stores Corporation et al., Defendants.

Supreme Court, Special Term, New York County.

October 27, 1954.

Attorney(s) appearing for the Case

Philip Davis for defendants.

Bruce B. Clyman for plaintiff.

STEUER, J.

Motion to dismiss the complaint for failure to state a cause of action. The complaint alleges that plaintiff is in the business of selling a chemical, tri-cresyl phosphate, called TCP. TCP is used as an additive to gasoline used in automobiles where it performs certain functions. TCP had been so used by one of the large oil companies which combined it with certain grades of gasoline sold in the usual...

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