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APPROVED PHARM. CORP. v. LEVINE

286 A.D. 1148 (1955)

Approved Pharmaceutical Corp., Respondent, v. Morris M. Levine et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 18, 1955.

Judgment affirmed, with costs.

KIMBALL, J. (dissenting).

The cause of action of the corporate plaintiff is based upon an alleged breach of a written contract between the plaintiff and the defendant Levine, executed on March 11, 1952, which contract restricted Levine as a future competitor of the plaintiff. On the same date, the defendant Levine entered into another contract with one Putter and one Michaelis, not parties to this action, by which...

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