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VIVISECTION LEA. v. SOC., PREVENT., CRUELTY

25 Misc.2d 662 (1960)

Vivisection Investigation League et al., Plaintiffs, v. American Society for the Prevention of Cruelty to Animals, Defendant.

Supreme Court, Special Term, New York County.

May 25, 1960.

Attorney(s) appearing for the Case

Thacher, Proffitt, Prizer, Crawley & Wood (John C. Crawley of counsel), for defendant. Curran, Mahoney, Felix & Stim (Albert Felix and Allen S. Stim of counsel), for plaintiffs.

CHARLES A. LORETO, J.

Motion to dismiss the complaint.

The complaint alleges two causes of action, one on behalf of the league and the other on behalf of the individual plaintiff. Both seek an injunction enjoining the defendant, its officers, agents and employees from using the name "The American Society for the Prevention of Cruelty to Animals" or any similar name.

The gist of the complaint is the charge that although defendant was originally...

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