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JOHANN MARIA FARINA v. ROGER & GALLET

No. 27185.

296 F.2d 119 (1961)

JOHANN MARIA FARINA GEGENUBER DEM NEUMARKT, Appellant, v. ROGER & GALLET, Appellee.

United States Court of Appeals Second Circuit.

Decided November 15, 1961.

Attorney(s) appearing for the Case

Edmund M. Squire, New York City, for appellant.

William A. Moore, of Choate, Reynolds, Huntington & Hollister, New York City, for appellee.

Before CLARK, FRIENDLY, and MARSHALL, Circuit Judges.

PER CURIAM.

In this trade-mark action defendant-appellee gave notice of an examination before trial of plaintiff's managing partner, Johann Maria Farina, of Cologne, Germany. Plaintiff moved to vacate on the ground of hardship; but the court denied the motion without opinion and ordered the complaint dismissed unless Farina were produced for examination here within 90 days.1 Plaintiff did not comply, but filed notice of appeal just as...

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