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RECONSTRUCTION FINANCE CORP. v. J. G. MENIHAN CORP.

No. 2174.

42 F.Supp. 244 (1941)

RECONSTRUCTION FINANCE CORPORATION v. J. G. MENIHAN CORPORATION et al.

District Court, W. D. New York.

October 8, 1941.

Attorney(s) appearing for the Case

Effingham Evarts, of New York City (Sol A. Liebman, of New York City, of counsel), for plaintiff.

Werner, Harris & Tew, of Rochester, N. Y. (Hugh J. O'Brien, of Rochester, N. Y., of counsel), for defendants.

BURKE, District Judge.

The defendants in this suit in equity to enjoin trade-mark infringement and unfair competition have prevailed. On the original application for normal costs and an extra allowance this Court held that it was without power to allow costs against the plaintiff on the ground that it was a governmental agency and that the law did not permit the allowance of costs. D.C., 29 F.Supp. 853. The Circuit Court of Appeals...

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