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MARS, INCORPORATED v. STANDARD BRANDS, INC.

No. 73 Civ. 2156.

386 F.Supp. 1201 (1974)

MARS, INCORPORATED, Plaintiff, v. STANDARD BRANDS, INC., and Curtiss Candy Company, Defendants.

United States District Court, S. D. New York.

January 16, 1974.

Attorney(s) appearing for the Case

Royall, Koegel & Wells, New York City, for plaintiff; David F. Dobbins, William S. Greenawalt, William D. Haney, III, New York City, of counsel.

Watson, Leavenworth, Kelton & Taggart, New York City, for defendants; Leslie D. Taggart, New York City, Ronald L. Engel, James M. Amend, John R. Linton, Kirkland & Ellis, Chicago, Ill., of counsel.

MEMORANDUM

TENNEY, District Judge.

Defendants have moved for dismissal of this trademark infringement and unfair competition action or, in the alternative, for a stay of this action pending final determination of an action which is currently before an Illinois state court ("the Illinois Action"). For the reasons stated below, defendants' motion for dismissal is denied but their motion for a stay is granted.

FACTS

Plaintiff Mars, Incorporated...

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