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DYSON v. MILES LABS.

57 A.D.2d 197 (1977)

John S. Dyson, as Commissioner of Agriculture and Markets of The State of New York, Respondent, v. Miles Laboratories, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 5, 1977

Attorney(s) appearing for the Case

Covington & Burling (Eugene I. Lambert pro hac vice) and De Graff, Foy, Conway & Holt-Harris for appellant.

Thomas G. Conway (Charles J. Pugliese and David A. Engel of counsel), for respondent.

KOREMAN, P. J., MAIN, LARKIN and HERLIHY, JJ., concur.

GREENBLOTT, J.

Defendant is engaged in the manufacture, distribution, sale and marketing of four food products labeled as "Morningstar Farms Breakfast Links", "Morningstar Farms Breakfast Patties", "Morningstar Farms Breakfast Strips" and "Morningstar Farms Breakfast Slices". Plaintiff Commissioner of Agriculture and Markets commenced an action to permanently enjoin defendant from distributing, marketing, selling...

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