PETER PAN FABRICS, INC. v. DIXON TEXTILE CORPORATION


188 F.Supp. 235 (1960)

PETER PAN FABRICS, INC. and Henry Glass & Co., Plaintiffs, v. DIXON TEXTILE CORPORATION, Defendant.

United States District Court S. D. New York.

June 3, 1960.


Attorney(s) appearing for the Case

Helfat & Helfat, New York City, for plaintiffs.

Samuel Jaffe, New York City, for defendant.


LEVET, District Judge.

This motion for summary judgment for a permanent injunction in favor of the plaintiffs is again before this court for further hearing and consideration in the light of the opinion of the United States Court of Appeals for the Second Circuit, 280 F.2d 800, 803.

The appeals court has in effect held:

(1) That there was no genuine issue as to any facts material to the question of originality.

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