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COLLIGAN v. ACTIVITIES CLUB OF NEW YORK, LTD.

No. 100, Docket 34737.

442 F.2d 686 (1971)

Jo Ann COLLIGAN, by her mother and next friend, Josephine G. Colligan, and Valerie Shine, by her father and next friend, William Shine, on behalf of themselves and all those similarly situated, Plaintiffs-Appellants, v. ACTIVITIES CLUB OF NEW YORK, LTD., also known as New York Winter Ski Club, a corporation; Fred Krasny; Mrs. Albert; Peninsula Bus Company, Inc., a corporation; and B and C Bus Line, Inc., a corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 6, 1971.

Attorney(s) appearing for the Case

Jack Greenberg, New York City (Eric Schnapper, New York City, of counsel), for plaintiffs-appellants.

Sidney J. Leshin, New York City, for defendants-appellees.

Before MOORE, SMITH and ANDERSON, Circuit Judges.

MOORE, Circuit Judge:

This is an appeal from an order dismissing appellants' class action for money damages, an accounting for profits and an injunction brought under § 43(a) of the Lanham Act,1 on the ground that their claim failed to state a cause of action. The district court ruled on its own motion that the suit could not be maintained, because, as consumers, as opposed to commercial plaintiffs, appellants lacked standing to sue...

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