TOP-ALL VARIETIES, INC. v. HALLMARK CARDS, INC.

No. 68 Civ. 4132.

301 F.Supp. 703 (1969)

TOP-ALL VARIETIES, INC., Plaintiff, v. HALLMARK CARDS, INC. and Tarrytown Stationers, Inc., Defendants.

United States District Court S. D. New York.

July 10, 1969.


Attorney(s) appearing for the Case

David Harrison Storper, New York City, for plaintiff.

Hughes, Hubbard & Reed, New York City, for defendants, Amalya L. Kearse, New York City, of counsel.


OPINION

FREDERICK VAN PELT BRYAN, District Judge:

Defendants, Hallmark Cards, Inc. (Hallmark) and Tarrytown Stationers, Inc. (Stationers) move pursuant to Rule 12(b) (6) F.R.C.P. to dismiss the complaint for failure to state a claim upon which relief can be granted. Defendants have not answered and the motion is addressed to the face of the complaint.

The complaint, laid under the Sherman and Clayton Acts, 15 U.S.C. § 1 et seq., in substance...

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