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DERMAN v. GERSTEN

No. 8446.

22 F.Supp. 877 (1938)

DERMAN et al. v. GERSTEN et al.

District Court, E. D. New York.

March 9, 1938.

Attorney(s) appearing for the Case

Bernard G. Nemeroff, of New York City (Briesen & Schrenk, of New York City, of counsel), for plaintiffs.

M. Daniel Nissenbaum, of New York City, for defendants Gersten.

Harold Pomerantz, of New York City, for defendant Salmanson & Co., Inc.

MOSCOWITZ, District Judge.

These are two motions, one made by the defendants Gersten and the other by the remaining defendant Salmanson & Co., Inc., to dismiss the complaint. The action is brought under section 274d of the Judicial Code, as amended, 28 U.S.C.A. § 400, for a declaratory judgment.

The complaint alleges that the action is based upon an actual controversy between the plaintiffs and the defendants as to the alleged infringement by the...

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