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PEDINOL PHARMACAL v. RISING PHARMACEUTICALS

No. CV 06-2120.

512 F.Supp.2d 137 (2007)

PEDINOL PHARMACAL, INC., Plaintiff, v. RISING PHARMACEUTICALS, INC., Defendant.

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

September 4, 2007.

Attorney(s) appearing for the Case

Moritt Hock Hamroff & Horowitz LLP, by: Michael S. Re, Esq., Garden City, NY, Hanor & Guerra, by: Charles W. Hanor, Javier Guerra, San Antonio, TX, Eric Cernyar, Cripple Creek, CO, for Plaintiff.

The Lustigman Firm, P.C., by: Scott Shaffer, Esq., New York, NY, for Defendant.

MEMORANDUM AND ORDER

WEXLER, District Judge.

This is a case alleging false advertising and unfair competition commenced by Plaintiff Pedinol Pharmacal, Inc. ("Pedinol" or "Plaintiff") against Defendant Rising Pharmaceuticals, Inc. ("Rising" or "Defendant"). Presently before the court is Rising's motion, pursuant to Rule 56 of the Federal Rules of Civil Procedure, for summary judgment. For the reasons set forth below, the motion is denied.

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