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H. M. KOLBE CO. v. ARMGUS TEXTILE COMPANY

No. 358, Docket 26253.

279 F.2d 555 (1960)

H. M. KOLBE CO., Inc., Plaintiff-Appellee, v. ARMGUS TEXTILE COMPANY, Inc., and Happy Cottons, Inc., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided May 27, 1960.

Attorney(s) appearing for the Case

Samuel Shapiro, New York City, for defendants-appellants.

Alan Latman, New York City, for plaintiff-appellee.

Before CLARK, MOORE, and FRIENDLY, Circuit Judges.

PER CURIAM.

For the reasons stated by Judge Murphy in his opinion below, D.C.S.D.N.Y., April 28, 1960, 184 F.Supp. 423, we conclude that plaintiff has made a prima facie showing both of the validity of its copyright and of infringement by the defendants, and hence is entitled to the injunction pending suit granted below. Peter Pan Fabrics, Inc. v. Martin Weiner Corp., 2 Cir., 274 F.2d 487.

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