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LEHN & FINK PRODUCTS CORP. v. MILNER PRODUCTS CO.

117 F.Supp. 320 (1953)

LEHN & FINK PRODUCTS CORP. v. MILNER PRODUCTS CO., Inc.

United States District Court S. D. New York.

December 23, 1953.

Attorney(s) appearing for the Case

Alexander, Maltitz, Derenberg & Daniels, New York City (Joe E. Daniels, New York City, Louis Kunin, Flushing, N. Y., of counsel), for plaintiff.

John B. Cuningham, New York City (Richard L. Underwood, Washington, D. C., of counsel), for defendant.

MURPHY, District Judge.

Defendant, a Mississippi corporation not licensed to do business in New York, moves to dismiss this action for trademark infringement and unfair competition brought by plaintiff, a Delaware corporation, licensed to do and concededly doing business in New York, on grounds that defendant is not "doing business" in this judicial district under the federal venue statute, 28 U.S.C.A. § 1391(c), and to quash service of process under Rule 4(d...

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