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

Civ. A. No. 19039.

172 F.Supp. 221 (1959)

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

United States District Court E. D. New York.

April 16, 1959.

Attorney(s) appearing for the Case

Daniel Kornblum, New York City, for plaintiff.

Milbank, Tweed, Hope & Hadley, New York City, for defendants. A. Donald MacKinnon, New York City, of counsel.

BYERS, Chief Judge.

This is a defendants' motion addressed to the amended complaint filed January 7, 1959 following the decision of this court of December 1, 1958, reported in D.C., 167 F.Supp. 860.

The relief sought is a dismissal of the three causes as now pleaded (F.R.Civ.P. 12(b), 28 U.S.C.A.), or for summary judgment on the third cause for lack of a genuine issue as to any material fact; and for such other relief...

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