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HILLS BROS. COFFEE, INC. v. HILLS SUPERMARKETS, INC.

No. 817, Docket 34765.

428 F.2d 379 (1970)

HILLS BROS. COFFEE, INC., Plaintiff-Appellant, v. HILLS SUPERMARKETS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 9, 1970.

Attorney(s) appearing for the Case

David H. T. Kane, New York City (Kane, Dalsimer, Kane, Sullivan & Kurucz, New York City), (Townsend & Townsend, San Francisco, Cal., of counsel), for plaintiff-appellant.

Marshall C. Berger, New York City (Weil, Gotshal & Manges, New York City, Edward C. Wallace, New York City, of counsel), for defendant-appellee.

Before LUMBARD, Chief Judge, and SMITH and KAUFMAN, Circuit Judges.

PER CURIAM:

Hills Bros. Coffee, Inc. [hereinafter HB] appeals that portion of an order by the United States District Court for the Southern District of New York, Harold R. Tyler, Judge, 310 F.Supp. 1046, which denied a preliminary injunction against Hills Supermarkets, Inc.'s [hereinafter HSI] proposed use of HILLS on coffee and coffee related products. The only temporary relief granted by the order was a preliminary injunction...

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