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8 IN 1 PET PRODUCTS, INC. v. SWIFT & CO.

218 F.Supp. 253 (1963)

8 IN 1 PET PRODUCTS, INC., a corporation of New York, Plaintiff, v. SWIFT & CO., a corporation of Illinois, Defendant.

United States District Court S. D. New York.

April 23, 1963.

Attorney(s) appearing for the Case

Burgess, Dinklage & Sprung, New York City, Arnold Sprung, New York City, of counsel, for plaintiff.

Nims, Halliday, Whitman, Howes & Collison, New York City, Bert A. Collison, New York City, of counsel, for defendant.

McLEAN, District Judge.

This is an action for trade mark infringement and unfair competition. Plaintiff has moved under Rule 34 to require defendant to produce documents described in fifteen separate items. As to nine of those items plaintiff is satisfied with defendant's compliance. As to Items 1, 2, 11 and 12, plaintiff claims that the documents produced are not responsive. Defendant claims that it has no documents other than those produced. As to Items 4 and 13...

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