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NAT. DISTILLERS v. MACY & CO.

23 A.D.2d 51 (1965)

National Distillers and Chemical Corporation, Appellant, v. R. H. Macy & Co., Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 15, 1965.

Attorney(s) appearing for the Case

Emanuel Becker of counsel (Lester H. Schreiber and William B. Schreiber with him on the brief; Windels, Merritt & Ingraham, attorneys), for appellant.

William L. Lynch of counsel (Thomas V. Kelly, Herman S. Greitzer and Cleary, Gottlieb, Steen & Hamilton with him on the brief; Marvin Fenster, attorney), for respondent.

RABIN, J. P., VALENTE and EAGER, JJ., concur.

STEUER, J.

Plaintiff appeals from a denial of its motion for a temporary injunction in an action for a permanent injunction. The action is based on a violation of the so-called Fair Trade Law or Feld-Crawford Act (General Business Law, §§ 369-a-369-e). It is not disputed that plaintiff took the necessary steps to bring its products within the protection of the act and that defendant has and is offering...

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