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CEMENT ENAMEL DEVELOPMENT v. CEMENT ENAMEL OF N. Y.

186 F.Supp. 803 (1960)

CEMENT ENAMEL DEVELOPMENT, INC., a Corporation, Plaintiff, v. CEMENT ENAMEL OF NEW YORK, INC., a Corporation, Edgar M. Fitzsimons, Edward D. Rossmann, Alice C. Fitzsimons, Defendants.

United States District Court S. D. New York.

September 19, 1960.

Attorney(s) appearing for the Case

Colman, Nord & Krass, by Benjamin W. Colman, Southfield, Mich., Kane, Dalsimer & Kane, New York City, of counsel, by Haynes N. Johnson, New York City, for plaintiff.

Fellner & Rovins, New York City, Morris J. Fellner, Leonard W. Wagman, James M. Hartman, New York City, of counsel, for defendants.

DAWSON, District Judge.

This action seeks an injunction to enjoin the defendants from using the words "Cement Enamel" in the name of the defendant corporation and from passing off or substituting a surfacing material of another's manufacture in response to orders for "cement enamel."

There is now presented to the Court a motion in three parts: (1) for a default judgment, (2) for a preliminary injunction and (3) for a preference.

The motion for a default...

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