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GUIDE-KALKHOFF-BURR v. BERINATI PRESS

35 Misc.2d 978 (1962)

Guide-Kalkhoff-Burr, Inc., Plaintiff, v. Berinati Press, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

June 21, 1962

Attorney(s) appearing for the Case

Simpson Thacher & Bartlett (James W. Harbison, Jr., of counsel), for Edward Green, defendant. O'Donnell & Fox for plaintiff.

OWEN McGIVERN, J.

Defendant Edward Green moves for dismissal of each cause of action for legal insufficiency.

In a first cause of action it is alleged that all the parties are engaged in the printing business. On July 3, 1958, Green, on behalf of his customer, placed an order with plaintiff for the production of stock certificates with a special border design thereon. Plaintiff was unable to obtain preprinted forms with such border design. On...

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