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CAROLYN CHENILLES INC. v. OSTOW & JACOBS INC.

168 F.Supp. 894 (1958)

CAROLYN CHENILLES, INC., Plaintiff, v. OSTOW & JACOBS, INC., Ojay Mills, Inc., David Ostow and Morris Jacobs, Defendants.

United States District Court S. D. New York.

December 30, 1958.

Attorney(s) appearing for the Case

Harry Price, New York City, for plaintiff.

Charles Sonnenreich, New York City, for defendants, Ostow & Jacobs, Inc., David Ostow and Morris Jacobs, and Ojay Mills, Inc., appearing specially for the purpose of this motion.

IRVING R. KAUFMAN, District Judge.

Defendants in this action for patent infringment and unfair competition, move pursuant to Rule 12(b), Fed.Rules Civ.Proc., 28 U.S.C.A. for the dismissal of the complaint on the grounds that venue is not properly laid in this district. The motion is denied in all respects.

The plaintiff, Carolyn Chenilles, Inc., manufactures and sells bedspreads which are distinguished by regular lines of separated tufts sewn into the material...

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