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EDGAR RICE BURROUGHS, INC. v. CHARLTON PUBLICATIONS, INC.

No. 64 Civ. 3743.

243 F.Supp. 731 (1965)

EDGAR RICE BURROUGHS, INC. et al. v. CHARLTON PUBLICATIONS, INC. et al.

United States District Court S. D. New York.

February 10, 1965.

Attorney(s) appearing for the Case

Cowan, Liebowitz & Latman, New York City, for plaintiffs; Alan Latman, Marvin S. Cowan, New York City, O'Melveny & Myers, Robert M. Hodes, Los Angeles, Cal., of counsel.

Eastman & Da Silva, New York City, for defendants; Lee V. Eastman, New York City, of counsel.

SUGARMAN, District Judge.

Sears, Roebuck & Co. v. Stiffel Co., 376 U.S. 225, 84 S.Ct. 784, 11 L. Ed.2d 661 and Compco Corp. v. Day-Brite Lighting, Inc., 376 U.S. 234, 84 S.Ct. 779, 11 L.Ed.2d 669, upon which movants rely on this motion to dismiss the fourth count of the complaint, recognize that a state may, in appropriate circumstances require that precautionary steps be taken to prevent customers...

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