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AUTOMATIC RADIO MFG. CO. v. NATIONAL CARBON CO.

No. 638.

35 F.Supp. 454 (1940)

AUTOMATIC RADIO MFG. CO., Inc., v. NATIONAL CARBON CO., Inc.

District Court, D. Massachusetts.

September 13, 1940.

Attorney(s) appearing for the Case

Max Marks and Austin M. Pinkham, both of Boston, Mass., for plaintiff.

John J. Burns, John F. Rich and Gerald May, all of Boston, Mass., for defendant.

McLELLAN, District Judge.

The defendant's consolidated motion was heard this morning. The motion seeks a dismissal of the action upon the sole ground that none of the three counts of the complaint (declaration) contains a sufficient allegation of special damages. While I think it very doubtful whether the complaint contains an allegation of special damages sufficient to warrant a denial of the motion to dismiss, I am not prepared to say that the plaintiff's damages...

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