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BERNARD v. COMMERCE DRUG CO.

No. 963, Docket 91-9060.

964 F.2d 1338 (1992)

Peter S. BERNARD, doing business as TBG Marketing Co., Plaintiff-Appellant, v. COMMERCE DRUG CO., Del Laboratories Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 17, 1992.

Attorney(s) appearing for the Case

Allen D. Brufsky, Southport, Conn. (Julia D. Hart, Jamie Johnson, Kramer, Brufsky & Cifelli, P.C., Southport, Conn., of counsel), for plaintiff-appellant.

Martin W. Schiffmiller, New York City (David B. Kirschstein, Kirschtein, Ottinger, Israel & Schiffmiller, P.C., New York City, of counsel), for defendants-appellees.

Before MINER and McLAUGHLIN, Circuit Judges, and AMON, District Judge.

MINER, Circuit Judge:

Plaintiff-appellant Peter S. Bernard appeals from a summary judgment entered on September 30, 1991 in the United States District Court for the Eastern District of New York (Wexler, J.) in favor of defendants-appellees Commerce Drug, Inc. ("Commerce") and parent-company Del Laboratories, Inc. In bringing this action to secure damages and injunctive relief, Bernard alleged, inter alia, that defendants'

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