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PHARMS., INC. v. U. WHELAN CORP.

22 Misc.2d 532 (1959)

Pharmaceuticals, Incorporated, Plaintiff, v. United Whelan Corp. et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

November 23, 1959.

Attorney(s) appearing for the Case

Henry Edward Schultz for plaintiff.

Aranow, Brodsky, Bohlinger, Einhorn & Dann (William M. Kaplan of counsel), for defendants.

ARTHUR G. KLEIN, J.

The plaintiff in this action seeks a permanent injunction, and incidental relief, basing its complaint on the alleged simulation of plaintiff's product "Sominex" by defendants' product "Somnifac" and the alleged simulation of plaintiff's product "Geritol" by defendants' product "Getrin".

Both parties stipulated to waive findings of fact and conclusions of law. It was also stipulated...

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