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MERCURY RECORD CORP. v. BUCKINGHAM RECORD CO.

226 F.Supp. 427 (1963)

MERCURY RECORD CORP., Plaintiff, v. BUCKINGHAM RECORD CO., Inc., Defendant.

United States District Court S. D. New York.

December 20, 1963.

Attorney(s) appearing for the Case

Paul J. Kern, New York City, Rhoda H. Karpatkin, Miles Lourie, New York City, of counsel, for plaintiff.

Maxwell Okun, New York City, for defendant.

McLEAN, District Judge.

This is an action for unfair competition in the sale of phonograph records. The complaint seeks a permanent injunction and damages. Plaintiff now moves for a preliminary injunction.

There is no real dispute as to the essential facts, which I find to be as follows:

Plaintiff, a Delaware corporation, is engaged in the business of manufacturing and selling phonograph records. On or about August 15, 1963, plaintiff put on the market...

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