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ROSS v. FOOD SPECIALTIES

6 N.Y.2d 336 (1959)

Harold Ross et al., Appellants, v. Food Specialties, Inc., et al., Defendants, and John Godston et al., Respondents.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Murray T. Koven for appellants.

William A. Smith for John Godston, respondent.

Stephen J. Ohalek for Westbury Products Corp., respondent.

Judges DESMOND, VAN VOORHIS and BURKE concur with Judge DYE; Judge FROESSEL dissents in an opinion in which Chief Judge CONWAY and Judge FULD concur.

DYE, J.

By written instrument dated February 2, 1955, Food Specialties, Inc., a New Jersey corporation, then engaged in the manufacture of bulk and packaged food items, sold certain of its trade names, trade-marks, copyrights, designs and formulas for a variety of its products, as listed on an attached schedule, together with the good will attached thereto, and nothing else, to the appellants Ross. All items so...

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