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BURMA-BIBAS, INC. v. EXCELLED LEATHER COAT CORP.

No. 83 Civ. 4117 (MEL).

584 F.Supp. 1214 (1984)

BURMA-BIBAS, INC., Plaintiff, v. EXCELLED LEATHER COAT CORP., Excelled Sheepskin Trading Corp. and Oleg Cassini, Inc., Defendants.

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

April 19, 1984.

Attorney(s) appearing for the Case

Kleinberg, Kaplan, Wolff & Cohen, P.C., New York City, for plaintiff; Norris D. Wolff, Frederic A. Kleinberg, Vicki M. Cherkas, New York City, of counsel.

Booth, Lipton & Lipton, New York City, for defendants; Philip H. Kalban, New York City, of counsel.

LASKER, District Judge.

Excelled Leather Coat Corp. and Excelled Sheepskin Trading Corp. ("Excelled") move (1) to dismiss the complaint for failure to state a cause of action under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and for lack of federal question jurisdiction, 28 U.S.C. § 1338, pursuant to Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure; (2) to dismiss plaintiff's claim for exemplary damages and attorney fees pursuant...

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