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MATTEL, INC. v. LOUIS MARX & CO.

No. 87, Docket 29719.

353 F.2d 421 (1965)

MATTEL, INC., Plaintiff-Appellee, v. LOUIS MARX & CO., Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 7, 1965.

Attorney(s) appearing for the Case

Walter S. Beck, New York City (Louis Nizer and Albert F. Smith, Phillips, Nizer, Benjamin, Krim & Ballon, New York City, on the brief), for plaintiff-appellee.

Harold I. Kaplan, New York City (James K. Silberman, Blum, Moscovitz, Friedman, Blum & Kaplan, New York City, on the brief), for defendant-appellant.

Before LUMBARD, Chief Judge, SMITH, Circuit Judge, and LEVET, District Judge.

LUMBARD, Chief Judge:

The issue on this appeal is whether the District Court for the Southern District of New York erred in granting plaintiff's motion to stay an action pending in the District Court for the District of New Jersey between the same parties in what we find to be the same controversy. We conclude that, because the New Jersey suit was the one first filed and because there are no overriding reasons why the Southern District suit should first proceed to...

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