Appellant shall recover of respondent $50 costs and disbursements of this appeal. The defendant has come forward with no factual support, neither in its answer nor in its opposing affidavit, not made by a party, sufficient to warrant a conclusion that this action was maliciously instituted. The complaint seeking damages and an injunction, prima facie, is an action on the theory of unfair competition. We cannot suffer a counterclaim and a defense, based on unsupported allegations...
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