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SMITH, KLINE & FRENCH LAB. v. MIDWEST CHEM. DEV. CORP.

No. 27368.

96 F.Supp. 797 (1951)

SMITH, KLINE & FRENCH LABORATORIES v. MIDWEST CHEMICAL DEVELOPMENT CORP. et al.

United States District Court N. D. Ohio, E. D.

February 20, 1951.

Attorney(s) appearing for the Case

F. O. Richey, H. F. Schneider, Cleveland, Ohio, George J. Harding, Philadelphia, Pa., for plaintiff.

Bruce B. Krost of Woodling & Krost, Cleveland, Ohio, Howard Hirsch, Cleveland, Ohio, for defendant.

FREED, District Judge.

This is an action for unfair competition in which the plaintiff seeks injunctive relief and an accounting.

In substance, the following factual situation is presented. Plaintiff is a pharmaceutical house which markets amphetamine sulfate tablets under the trade-mark "Benzedrine" and dextro-amphetamine sulfate tablets under the trade-mark "Dexedrine". These products are sold in labeled packages to wholesale drug distributors who, in turn...

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