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HARMS, INC. v. F. W. WOOLWORTH CO.

Nos. 47-58, 255-57.

163 F.Supp. 484 (1958)

HARMS, INC., a corporation, et al., Plaintiffs, v. F. W. WOOLWORTH CO., a corporation, et al., Defendants. M. WITMARK & SONS et al., Plaintiffs, v. MAY COMPANY, a corporation, Defendants.

United States District Court S. D. California, Central Division.

July 16, 1958.

Attorney(s) appearing for the Case

Fink, Levinthal & Lavery, Los Angeles, Cal., by Arthur S. Katz, Los Angeles, Cal., for plaintiff.

Glickfeld & Goldstein, by Irving B. Glickfeld, Los Angeles, Cal., for defendant.

YANKWICH, Chief Judge.

The various motions of the parties, heretofore heard, argued and submitted, are now decided as follows:

(1) The defendants' motion filed March 10, 1958, to dismiss the Complaint in case No. 47-58-Y under Rule 12(b) (6), Federal Rules of Civil Procedure, 28 U.S.C.A. for failure to state a claim is hereby denied.

(2) The motions of all the defendants filed on June 23, 1958, to dismiss the complaints in the above two cases, since...

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