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MASTRO PLASTICS CORP. v. EMENEE IND.

16 A.D.2d 420 (1962)

Mastro Plastics Corp., Respondent, v. Emenee Industries, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 29, 1962.

Attorney(s) appearing for the Case

Lewis A. Stern of counsel (Leon Silverman with him on the brief; Strasser, Spiegelberg, Fried & Frank, attorneys), for appellant.

David W. Kahn for respondent.

VALENTE, J. P., STEVENS, EAGER and STEUER, JJ., concur.

BERGAN, J.

Plaintiff and defendant are competing corporations each engaged in manufacturing and marketing musical instruments. Both make and sell plastic "bongo drums". Plaintiff made bongo drums to sell to the trade at $3.33 each; defendant made them to sell at $2.70 each.

In the promotion of the sale of its drums defendant bought from one of plaintiff's distributors 180 of plaintiff's drums; and, removing...

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