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SARATOGA VICHY SPRING CO. v. SARATOGA CARLSBAD CORP.

45 F.Supp. 260 (1942)

SARATOGA VICHY SPRING CO. v. SARATOGA CARLSBAD CORPORATION et al.

District Court, S. D. New York.

February 13, 1942.

Attorney(s) appearing for the Case

Emery, Varney, Whittemore & Dix, of New York City (Manvel Whittemore, of New York City, of counsel), for plaintiff.

Anthony M. Maoriello, of New York City (Christopher C. Cousins and R. B. Cousins, both of New York City, of counsel), for defendants.

CONGER, District Judge.

This is an action for trade mark infringement and for unfair competition. The plaintiff is a New York corporation having been organized in 1876 and having been actively engaged in business ever since. The defendant Saratoga Carlsbad Corporation is a New York corporation having been organized in 1939. The defendant Carafano was and is the President of the defendant corporation.

During the trial I dismissed the complaint as to the defendant...

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