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BOGENE INC. v. WHIT-MOR MANUFACTURING CO.

Civ. A. No. 65 Civ. 1294.

253 F.Supp. 126 (1966)

BOGENE INC., Plaintiff, v. WHIT-MOR MANUFACTURING CO. Inc., Defendant.

United States District Court S. D. New York.

As Amended April 21, 1966.

Attorney(s) appearing for the Case

James & Franklin, New York City, for plaintiff, Harold James, New York City, of counsel.

Alan W. Borst, New York City, for defendant.

HERLANDS, District Judge:

Defendant has made a motion to dismiss for lack of jurisdiction over the subject matter, pursuant to Fed.R.Civ.P. 12 (b) (1) and for failure to state a claim upon which relief can be granted, pursuant to Fed.R.Civ.P. 12(b) (6). The court denies defendant's motion in all respects for the reasons hereinafter set forth.

Plaintiff and defendant are competitors in the manufacture and sale of garment

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