BABDO SALES, INC. v. MILLER-WOHL COMPANY

No. 69 Civ. 5676.

317 F.Supp. 892 (1970)

BABDO SALES, INC., a Connecticut Corporation, Plaintiff, v. MILLER-WOHL COMPANY, Inc., a Delaware Corporation, Defendant.

United States District Court, S. D. New York.

August 4, 1970.


Attorney(s) appearing for the Case

E. Compton Timberlake, New York City, for plaintiff; John R. Hally, David M. Saltiel, Daniel C. Sacco, Nutter, McClennen & Fish, Boston, Mass., of counsel.

Proskauer, Rose, Goetz & Mendelsohn, New York City, for defendant; George G. Gallantz, Neil E. Needleman, New York City, of counsel.


MEMORANDUM

BONSAL, District Judge.

In this diversity action plaintiff seeks a declaratory judgment that it is entitled to the use and occupancy of certain departments of defendant's stores under licensing agreements allegedly entered into by plaintiff with defendant, and the enjoining of defendant from attempting to terminate the agreements. Plaintiff moves, pursuant to F.R.Civ.P. 56 for summary judgment in its favor, and defendant moves for summary judgment...

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