SUNBEAM CORPORATION v. WINDSOR-FIFTH AVENUE


124 F.Supp. 547 (1954)

SUNBEAM CORPORATION, Plaintiff, v. WINDSOR-FIFTH AVENUE, Inc., a New York corporation, and Windsor-Fifth Avenue, Inc., a New Jersey corporation, Defendants.

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

June 11, 1954.


Attorney(s) appearing for the Case

Rogers, Hoge & Hills, by George M. Chapman and Francis P. Kelly, New York City, for plaintiff.

Frederick Zissu, by Leo Zwiebach, New York City, for defendant.


BONDY, District Judge.

This action was brought to enjoin the defendants Windsor-Fifth Avenue, a New York corporation, and Windsor-Fifth Avenue, a New Jersey corporation, from selling plaintiff's products below plaintiff's fair trade price at a store in White Plains, New York.

The record discloses that plaintiff has not any claim against the defendants and moves for leave to amend the summons and complaint in this action by changing the name of the defendants...

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