AMERICAN OPTICAL CORPORATION v. AO INDUSTRIES, INC.

Civ. 1969-179.

306 F.Supp. 699 (1969)

AMERICAN OPTICAL CORPORATION, Plaintiff, v. AO INDUSTRIES, INC., Defendant.

United States District Court W. D. New York.

October 20, 1969.


Attorney(s) appearing for the Case

Jaeckle, Fleischmann, Kelly, Swart & Augspurger, Buffalo, N. Y. (John H. Stenger, Buffalo, N. Y., of counsel), Amster & Rothstein, New York City (Morton Amster, New York City, of counsel), for plaintiff.

Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, N. Y. (Robert M. Hitchcock, Buffalo, N. Y., of counsel), Finnegan, Henderson & Farabow, Washington, D. C. (Ford F. Farabow, Jr., Washington, D. C., of counsel), for defendant.


CURTIN, District Judge.

By order dated September 16, 1969, this court directed the defendant to show cause why it should not be cited for contempt of the preliminary injunction issued on June 6, 1969.

Plaintiff complains that one of defendant's subsidiaries is distributing the 1968 Annual Report of AO Industries, Inc. together with other sales promotional literature of its subsidiary, in clear violation of the preliminary injunction which states:

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