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VERNEY CORPORATION v. ROSE FABRIC CONVERTERS CORP.

87 F.Supp. 802 (1949)

VERNEY CORPORATION v. ROSE FABRIC CONVERTERS CORPORATION et al.

United States District Court S. D. New York.

November 17, 1949.

Attorney(s) appearing for the Case

John S. Finn, New York City, for plaintiff.

Hirsch, Shalleck & Krakower, New York City, for defendants Rose Fabric Converters Corporation and Raytex Dyers & Printers, Inc. (Jerome M. Hirsch, New York City, and Ira T. Wender, New York City, of counsel).

Schaeffer, Goldstein & Esbitt, New York City, for Cindy Frocks and Louis and David Gutstein (Wm. Esbitt, New York City, of counsel).

COXE, District Judge.

These are motions (1) by plaintiff for a preliminary injunction restraining the defendants from alleged infringement of a copyright, and (2) by defendant Rose Fabric Converters Corporation to dismiss the action for failure to state a claim upon which relief can be granted. There is diversity of citizenship between plaintiff and all the defendants.

The complaint contains two counts. The first...

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