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SUNKIST DRINKS v. CALIFORNIA FRUIT GROWERS EXCHANGE

25 F.Supp. 400 (1938)

SUNKIST DRINKS, Inc., v. CALIFORNIA FRUIT GROWERS EXCHANGE.

District Court, S. D. New York.

September 12, 1938.

Attorney(s) appearing for the Case

Ludwig M. Wilson, of New York City, for plaintiff.

Rogers, Ramsay & Hoge, of New York City (Edward S. Rogers, Clifton Cooper and Leslie D. Taggart, all of New York City, of counsel), for defendant.

PATTERSON, District Judge.

The motion is to dismiss a complaint for malicious prosecution on the ground that no cause of action is shown. The complaint alleges that the defendant in 1931 commenced suit against the plaintiff to enjoin the latter's use of the word "Sunkist", in which suit the defendant was largely unsuccessful; that from the decree the defendant took an appeal, which was later dismissed; that the defendant in 1937 commenced another suit against the...

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