GEORGE W. WARNER & CO. v. BLACK & DECKER MFG. CO.

Civ. A. No. 19039.

167 F.Supp. 860 (1958)

GEORGE W. WARNER & CO., Inc., Plaintiff, v. The BLACK & DECKER MANUFACTURING COMPANY, Inc. and Gus F. Fischer, Defendants.

United States District Court E. D. New York.

December 1, 1958.


Attorney(s) appearing for the Case

Milbank, Tweed, Hope & Hadley, New York City, for defendants, A. Donald MacKinnon and Edward J. Reilly, Jr., New York City, of counsel.

Daniel Kornblum, New York City, for plaintiff.


BYERS, Chief Judge.

These are cross-motions, the first by defendants who invoked Fed.Rules Civ. Proc. rule 12(e) and (b) 28 U.S.C.A., to obtain a more definite statement in the complaint as to plaintiff's first alleged cause, and dismissal as to the second and third, for failure to state, etc.

The second is by the plaintiff for an injunction pendente lite.

They will be disposed of in one decision.

The plaintiff was a wholesale distributor of...

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