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RONSON ART METAL WORKS v. COMET IMPORT CORP.

103 F.Supp. 531 (1952)

RONSON ART METAL WORKS, Inc. v. COMET IMPORT CORP. et al.

United States District Court S. D. New York.

March 7, 1952.

Attorney(s) appearing for the Case

Lorenz, Finn & Nobiletti, New York City (Joseph Lorenz, John F. X. Finn, Page S. Haselton and Norman C. Mendes, all of New York City, of counsel), for plaintiff.

Gale, Bernays, Falk & Eisner, New York City (Edwin A. Falk and Edgar J. Nathan, 3rd, New York City, of counsel), for defendant, Comet Import Corp.

MURPHY, District Judge.

Two questions are presented by this motion to remand: (1) Whether a cause of action in unfair competition may be deemed one based upon the Lanham Act, 15 U.S. C.A. § 1126(b), (h) and (i), for purposes of removal to a Federal court; and (2) Whether both defendants must join in the petition for removal in the instant case.

Summons and complaint were served upon the Comet Import Corporation on November 27, 1951, and upon B. Gertz...

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