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FLUIDLESS NON-TACT LENSES v. KLEAR VISION CON. LENS SP.

158 F.Supp. 145 (1958)

FLUIDLESS NON-TACT LENSES, Inc., Donald L. Golden, d/b/a Fluidless Contact Lens Center, and Fluidless Contact Lens Laboratories, Inc., Plaintiffs, v. KLEAR VISION CONTACT LENS SPECIALISTS, Inc., Defendant.

United States District Court S. D. New York.

January 30, 1958.

Attorney(s) appearing for the Case

Paskus, Gordon & Hyman, New York City, for plaintiffs (Lenard H. Mandel, New York City, of counsel).

Harry Price, New York City, for defendant.

THOMAS F. MURPHY, District Judge.

Plaintiffs move for an order remanding this cause to the Supreme Court, New York County, from whence it was removed on defendant's petition.

Defendant's petition stated: "[T]he allegations and claims in this proceeding relate to a cause of action coming directly under Section 43(a) of the Lanham Act, and it is the contention of the complaint that there has been a usage of false designation of origin or false description or...

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