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AMERICAN BRANDS, INC. v. PLAYGIRL, INC.

No. 1041, Docket 74-1357.

498 F.2d 947 (1974)

AMERICAN BRANDS, INC., Plaintiff-Appellant, v. PLAYGIRL, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 3, 1974.

Attorney(s) appearing for the Case

Daniel J. O'Neill, New York City (Chadbourne, Parke, Whiteside & Wolff, New York City, P. G. Pennoyer, Jr., New York City, of counsel), for plaintiff-appellant.

Eric T. S. Chung, Los Angeles, Cal. (Kirschstein, Kirschstein, Ottinger & Frank, P. C., Peter T. Cobrin, New York City, on the brief), for defendant-appellee.

Before WATERMAN, FRIENDLY and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

This is an appeal by the plaintiff American Brands, Inc. (American) from an order of the United States District Court, Southern District of New York, Hon. Charles L. Brieant, Jr., entered March 8, 1974, denying American's motion for a preliminary injunction seeking to enjoin the defendant, Playgirl, Inc. (Playgirl), from refusing to publish American's advertisement on the back cover of its magazine and from accepting other advertisements for...

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