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SMITH, KLINE & FRENCH LAB. v. INTERNATIONAL PHARM. LABS.

Nos. 11188, 11404.

98 F.Supp. 899 (1951)

SMITH, KLINE & FRENCH LABORATORIES v. INTERNATIONAL PHARMACEUTICAL LABS. et al. SMITH, KLINE & FRENCH LABORATORIES v. JABERT PHARMACAL CO., Inc., et al.

United States District Court E. D. New York.

July 12, 1951.

Attorney(s) appearing for the Case

Klein & Hart, New York City (George J. Harding, Philadelphia, Pa., of counsel), for plaintiff.

Alfred Taffet, New York City (Howard R. Hirsch, Cleveland, Ohio, of counsel), for defendants International Pharmaceutical Labs., Arthur Yesk, and Eugene J. Yoss.

Strauss, Reich & Boyer, New York City (Howard R. Hirsch, Cleveland, Ohio, of counsel), for other defendants.

BYERS, District Judge.

These are motions by plaintiff to strike from the jury calendar these two causes which have been so listed pursuant to the demand of the respective defendants. The causes and issues are identical, and one memorandum will dispose of both.

The plaintiff seeks to enjoin the conduct of defendants in making and selling medicinal tablets of the same content, color and configuration as plaintiff's, and to have an accounting, by reason of the...

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