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ZIRIN LABORATORIES INTERNAT'L, INC. v. MEAD-JOHNSON & CO.

Civ. No. 21365.

208 F.Supp. 633 (1962)

ZIRIN LABORATORIES INTERNATIONAL, INC., Plaintiff, v. MEAD-JOHNSON & COMPANY, McKesson & Robbins, and Lambert & Lowman Incorporated, Defendants.

United States District Court E. D. Michigan, S. D.

June 28, 1962.

Attorney(s) appearing for the Case

Cullen, Sloman & Cantor, Detroit, Mich., for plaintiff.

Woodson, Pattishall & Garner, Chicago, Ill., and Harness, Dickey & Pierce, Detroit, Mich., for defendants.

TALBOT SMITH, District Judge.

1. Plaintiff's complaint, as first amended, was an action to recover damages caused by defendants' alleged trademark infringement and unfair competition. Plaintiff alleged that defendants' product, METRECAL, is an imitation of plaintiff's products NATURCAL and NATROCAL. Defendants moved for summary judgment under Fed.Rules Civ. Proc. Rule 56(b), 28 U.S.C.A., on the ground that plaintiff's President, Mr. Benjamin Zirin, admitted in his...

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