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SCHWIMMER v. SONY CORP. OF AMERICA

No. 638, Docket 79-7665.

637 F.2d 41 (1980)

Mendel SCHWIMMER d/b/a Supersonic Electronics Co., Plaintiff-Appellant, v. SONY CORPORATION OF AMERICA and Sony Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 10, 1980.

Attorney(s) appearing for the Case

Bass, Ullman & Lustigman, New York City (I. Scott Bass, New York City, of counsel), for plaintiff-appellant.

Rosenman, Colin, Freund, Lewis & Cohen, New York City (Asa D. Sokolow, Steven A. Asher, Brian G. Lustbader, New York City, of counsel), for defendants-appellees.

Before FEINBERG, Chief Judge, SMITH, Circuit Judge, and OWEN, District Judge.

OWEN, District Judge:

Mendel Schwimmer, the sole proprietor of plaintiff-appellant Supersonic Electronics Company (Supersonic), a seller of televisions and other electronic appliances, appeals from two orders of the United States District Court for the Eastern District of New York, one granting summary judgment to defendant-appellee Sony Corporation of America (Sonam) on its counterclaim against Supersonic to recover monies paid on the basis of false advertising claims...

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