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NEW SANITARY TOWEL SUPPLY v. CONSOLIDATED LAUNDRIES CORP.

213 F.Supp. 123 (1963)

NEW SANITARY TOWEL SUPPLY, INC., et al., Plaintiffs, v. CONSOLIDATED LAUNDRIES CORPORATION et al., Defendants.

United States District Court S. D. New York.

January 18, 1963.

Attorney(s) appearing for the Case

Burton B. Turkus, New York City, for plaintiffs, by Irwin N. Wilpon, Brooklyn, N. Y., of counsel.

Mervin C. Pollak, New York City, for defendants Linen Supply Institute of Greater New York, Inc., Harry Kessler, Linen Service Council of New Jersey, and Jack Orlinsky.

Benjamin Levine, Brooklyn, N. Y., for defendants, General Linen Supply & Laundry Co., Inc., Cascade Linen Supply Corp. of New Jersey, and Fred Radnitz.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for defendant Consolidated Laundries Corp.

Rosenman, Colin, Kaye, Petschek & Freund, New York City, for defendants Central Coat, Apron & Linen Service, Inc., Sam Spatt, Standard Coat, Apron & Linen Service, Inc. (a New York corporation), and Charles Maslow.

Simpson, Thacher & Bartlett, New York City, for defendants Modern Silver Linen Supply Co., Inc. (a New York corporation), Modern Silver Linen Supply Co., Inc. (a New Jersey corporation), and Louis Gordon. Mervin C. Pollak and Abner Paul Slatt, New York City, of counsel.

CROAKE, District Judge.

This motion is for an order granting reargument of a motion for judgment on the pleadings which was determined by the opinion of this court, dated November 30, 1962, and filed December 3, 1962, in so far as that motion was denied.

In support of their application, the defendants cite Gerli v. Silk Ass'n of America, 36 F.2d 959 (S.D.N.Y.1929), and Westmoreland Asbestos Co. v. Johns-Manville Corp.,

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