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EMPIRE RAYON YARN CO. v. AMERICAN VISCOSE CORPORATION

No. 468, Docket 29554.

364 F.2d 491 (1966)

EMPIRE RAYON YARN CO., Inc., Plaintiff-Appellant, v. AMERICAN VISCOSE CORPORATION, Fred Malina, Arthur Malina, Edythe M. Charnas and Fred H. Diamond, co-partners doing business as Malina Company, Gutner Brothers Corporation, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided December 13, 1965.

Submitted March 31, 1966

Decided July 18, 1966.

Attorney(s) appearing for the Case

Jacob Greenwald and Irving Sweet, New York City (Sweet, Reinitz, Peskin & Sweet, New York City), for appellant.

Sidney P. Howell, Jr., and W. Hubert Plummer, New York City (Rogers, Hoge & Hills, New York City) and Thomas W. Pettus, Jr. (Jackson, Nash, Brophy, Barringer & Brooks, New York City), for appellee, American Viscose Corp.

Herbert S. Greenberg, New York City, for appellee, Gutner Brothers Corporation.

Silver, Bernstein, Seawell & Kaplan, Nahum A. Bernstein, New York City, for appellee, Malina Company.

James McI. Henderson, General Counsel (J. B. Truly, Assistant General Counsel, Daniel H. Hanscom, Washington, D. C., Attorney), for the Federal Trade Commission as amicus curiae.

Before LUMBARD, Chief Judge, WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS, ANDERSON and FEINBERG, Circuit Judges.

Submitted in banc to this Court on March 31, 1966

MOORE, Circuit Judge:

This opinion supersedes the previous opinion of a panel of this Court wherein that panel reversed an order which had granted defendants' motion for summary judgment and denied plaintiff's cross motion for summary judgment. 354 F.2d 182 (1965), Moore, C. J., dissenting. Thereafter defendants petitioned for a rehearing in banc which by order dated...

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