KAZ MANUFACTURING CO. v. CHESEBROUGH-POND'S, INC.


211 F.Supp. 815 (1962)

KAZ MANUFACTURING CO., Inc., Plaintiff, v. CHESEBROUGH-POND'S, INC., Defendant.

United States District Court S. D. New York.

December 7, 1962.


Attorney(s) appearing for the Case

Harry Starr, New York City, for plaintiff; Briskin & Goldfarb, New York City, of counsel.

Morgan, Finnegan, Durham & Pine, New York City, for defendant; William D. Denson, and Warren H. Rotert, New York City, of counsel.


TYLER, District Judge.

This is a motion by defendant for summary judgment. The complaint alleges two claims: first, patent infringement and, second, unfair competition. Defendant originally moved for summary judgment on the first claim only; thereafter, but before final argument of the motion, it also applied for dismissal of the second claim for lack of pendent jurisdiction.1

For the disposition of this motion, we take the facts...

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