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YOUTHFORM COMPANY v. R. H. MACY & CO.

Civ. A. No. 5386.

153 F.Supp. 87 (1957)

The YOUTHFORM COMPANY, A Partnership v. R. H. MACY & CO., Inc., A Corporation, and Miss Youth Form Creations Corp., A Corporation.

United States District Court N. D. Georgia, Atlanta Division.

Amendment Filed July 3, 1957.

Attorney(s) appearing for the Case

J. Ralph McClelland, Jr., of Matthews & McClelland, and Julius R. Lunsford, Jr., Atlanta, Ga., for plaintiff.

Philip H. Alston, Jr., of Alston, Sibley, Miller, Spann & Shackelford, Atlanta, Ga., Francis C. Browne, of Mead, Browne, Schuyler & Beveridge, Washington, D. C., and Leroy E. Rodman, New York City, for defendant.

HOOPER, Chief Judge.

The plaintiff is The Youthform Company, a Partnership located in Atlanta, Georgia. The principal defendant is Miss Youth Form Creations Corp. of New York, a manufacturer, and also, R. H. Macy & Co., Inc., doing business in Atlanta under the name of Davison Paxon Company. Where the word defendant is used it will refer to the former, and the latter will be referred to as Davison's or as defendant vendee.

The plaintiff and its predecessors...

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