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NEWELL v. O. A. NEWTON & SON CO.

Civ. A. 1197.

104 F.Supp. 162 (1952)

NEWELL v. O. A. NEWTON & SON CO. et al.

United States District Court D. Delaware.

March 31, 1952.

Attorney(s) appearing for the Case

Thomas Cooch, of Morford, Bennethum, Marvel & Cooch, of Wilmington, Del. and K. Thomas Everngam of Denton, Md., for plaintiff.

Hugh M. Morris and George T. Coulson, of Morris, Steel, Nichols & Arsht, of Wilmington, Del., for defendants.

RODNEY, District Judge.

This is a motion for involuntary dismissal under Rule 41 (b), Federal Rules of Civil Procedure, 28 U.S.C. The action is for damages and injunctive relief growing out of alleged unfair competition. Jurisdiction in this court is founded on diversity of citizenship and the amount in controversy is in excess of $3,000.

The following are undisputed facts.

George A. Newell, the plaintiff, was at the time of the alleged acts owner...

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