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ELCON MANUFACTURING CO. v. ELCON MANUFACTURING CO.

Civ. A. No. 13073.

132 F.Supp. 769 (1955)

ELCON MANUFACTURING CO., a corporation of California, Plaintiff, v. ELCON MANUFACTURING CO., a partnership, and Alex K. Niemi, Carl E. Soderstone and Walter S. Johnsen, individually and as partners doing business as Elcon Manufacturing Co., Defendants.

United States District Court E. D. New York.

July 20, 1955.

Attorney(s) appearing for the Case

Burgess, Ryan & Hicks, New York City, for plaintiff, by H. H. Hamilton, New York City, of counsel, for the motion.

Emanuel Greenberg, New York City, for defendants, in opposition.

RAYFIEL, District Judge.

This is an action for unfair competition and infringement of trade mark. The complaint was filed in November, 1952, and, with leave of the Court, a supplemental complaint was filed in July, 1954.

Both the plaintiff and the defendants do business under the name Elcon Manufacturing Co. The plaintiff is a corporation, organized under the laws of the State of California, and the defendants are co-partners, maintaining their principal place...

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