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MASTRO PLASTICS CORP. v. EMENEE INDS.

32 Misc.2d 801 (1962)

Mastro Plastics Corp., Plaintiff, v. Emenee Industries, Inc., Defendant.

Supreme Court, Special Term, New York County.

February 5, 1962

Attorney(s) appearing for the Case

Strasser, Spiegelberg, Fried & Frank (Leon Silverman and Lewis A. Stern of counsel), for defendant. David W. Kahn for plaintiff.

SAMUEL H. HOFSTADTER, J.

The amended complaint here under challenge by motion to dismiss for insufficiency presents a novel example of commercial piracy, said by the defendant to be no more than permissible competition. Briefly summarized, this is what the amended complaint states: the plaintiff, a well-known manufacturer of plastic musical instruments, designed and manufactured in its plant a bongo drum of...

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