HARRISON LABORATORIES v. HOUSE OF BARRI


162 F.Supp. 202 (1958)

HARRISON LABORATORIES, Inc., Plaintiff, v. HOUSE OF BARRI, Inc., and Dorothy Harris, Defendants.

United States District Court S. D. New York.

March 18, 1958.


Attorney(s) appearing for the Case

Robert D. Spille, New York City, for plaintiff.

Harry Price, New York City, for defendant.


WEINFELD, District Judge.

The plaintiff moves to remand this action to the State Court from which the defendant caused its removal asserting jurisdiction under 15 U.S.C.A. § 1125(a) known as § 43(a) of the Lanham Act.

The issue as to whether an action is removable from a State Court to a Federal Court as one arising under the Constitution or the laws of the United States must be resolved within the framework of the complaint, unaided by the answer...

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