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CATALINA, INC. v. GEM SWIMWEAR, INC.

162 F.Supp. 911 (1958)

CATALINA, INC., Plaintiff, v. GEM SWIMWEAR, INC., Defendant.

United States District Court S. D. New York.

June 11, 1958.

Attorney(s) appearing for the Case

David M. Levitan, New York City, for plaintiff.

Smith & Auslander, New York City, for defendant.

EDELSTEIN, District Judge.

This is a motion by plaintiff under 28 U.S.C. § 1447(c) to remand an action removed from the New York Supreme Court, New York County. The action is one for injunctive relief, alleging acts of unfair competition resulting from the defendant's manufacturing and selling certain swimsuits said to be slavish copies of plaintiff's products. The petition for removal1

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