CARTER-WALLACE, INC. v. OTTE

No. 297, Docket 72-1406.

474 F.2d 529 (1972)

CARTER-WALLACE, INC., Plaintiff-Appellant, v. William N. OTTE, as Trustee in Bankruptcy of Davis-Edwards Pharmacal Corp., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 14, 1972.

Certiorari Denied June 4, 1973.


Attorney(s) appearing for the Case

Edward J. Ross, New York City (Breed, Abbott & Morgan, New York City, of counsel), George B. Finnegan, Jr., New York City (Jerome G. Lee, John D. Foley, George P. Hoare, Jr., Stephen R. Smith, and Morgan, Finnegan, Durham & Pine, New York City, of counsel), for plaintiff-appellant.

Charles R. Brainard, New York City (Richard K. Parsell, Paul H. Heller, Stuart J. Sinder, George E. Badenoch, Kenyon & Kenyon, Reilly, Carr & Chapin, and Robert P. Herzog, New York City, of counsel), for defendant-appellee.

American Patent Law Assn, Arlington, Va. (Donald R. Dunner, Washington, D. C., Ellsworth H. Mosher, Arlington, Va., and John W. Brumbaugh, New York City, of counsel), filed a brief as amicus curiae.

Before FRIENDLY, Chief Judge, and LUMBARD and FEINBERG, Circuit Judges.


Certiorari Denied June 4, 1973. See 93 S.Ct. 2753.

FRIENDLY, Chief Judge:

In Carter-Wallace, Inc. v. Davis-Edwards Pharmacal Corp., 443 F.2d 867 (2 Cir. 1971), we reversed a preliminary injunction issued by Judge Dooling in the District Court for the Eastern District of New York, restraining Davis-Edwards Pharmacal Corp. (Davis-Edwards), then a debtor in arrangement proceedings under Ch. XI of the Bankruptcy Act, from its...

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