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N. W. CONTROLS, INC. v. OUTBOARD MARINE CORPORATION

Civ. A. No. 3730.

317 F.Supp. 698 (1970)

N. W. CONTROLS, INC., a Pennsylvania corporation, Plaintiff, v. OUTBOARD MARINE CORPORATION, a Delaware corporation, Defendant.

United States District Court, D. Delaware.

October 6, 1970.

Attorney(s) appearing for the Case

Brereton Sturtevant, of Connolly, Bove & Lodge, Wilmington, Del., and Thomas L. Cantrell and John T. Synnestvedt, of Synnestvedt & Lechner, Philadelphia, Pa., of counsel, for plaintiff.

James M. Tunnell, Jr., and William O. LaMotte, III, of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., and Butzel, Levin, Winston & Quint, Detroit, Mich., of counsel, for defendant.

OPINION

LATCHUM, District Judge.

Plaintiff in this case has moved for a preliminary injunction enjoining the defendant from requiring certificates, issued to the purchasers of the defendant's outboard motors, to be redeemed exclusively for remote control throttle cables. In addition the plaintiff seeks to enjoin the defendant from disparaging the plaintiff's products in violation of the anti-trust laws. The plaintiff also moved, in a subsequent oral modification...

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