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ORCHARD BROTHERS v. RUDIN

Civ. No. 5472.

130 F.Supp. 660 (1955)

ORCHARD BROTHERS, Inc., Plaintiff, v. Charles RUDIN, doing business as A.B.C. Aluminum (Awning) Company, Defendant.

United States District Court N. D. New York.

April 26, 1955.

Attorney(s) appearing for the Case

Irving Vichness, New York City, for plaintiff.

Andros & Smith, Albany, N. Y., Harry A. Smith, Albany, N. Y., of counsel, for defendant.

FOLEY, District Judge.

Plaintiff moves for a preliminary injunction pending the trial of this action. The action is one based upon alleged trade-mark infringement and unfair competition. The application to enjoin specified business activity on the part of the defendant, and the particular use of the trade-mark "Ro-La-Lume", is based upon the pleadings, affidavits and exhibits. Affidavits and exhibits have been submitted in behalf of the defendant in opposition. On...

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