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WARNER-LAMBERT PHARM. CO. v. JOHN J. REYNOLDS, INC.

178 F.Supp. 655 (1959)

WARNER-LAMBERT PHARMACEUTICAL COMPANY, Inc., Plaintiff, v. JOHN J. REYNOLDS, INC., American Bible Society, Susan Hopkins Whitmore, Josephine Hopkins Graeber, Minnie Hopkins Gilbert, individually and as Trustee, and John Graeber, as Trustee, Defendants.

United States District Court S. D. New York.

November 16, 1959.

Attorney(s) appearing for the Case

Mudge, Stern, Baldwin & Todd, New York City, for plaintiff, Clifton Cooper, H. G. Pickering, Milton Black, Leonard Garment, New York City, of counsel.

Milbank, Tweed, Hope & Hadley, New York City, for individual defendants, Harrison Tweed, William Eldred Jackson, Rebecca M. Cutler, New York City, of counsel.

Hodges, Reavis, McGrath & Downey, New York City, for defendant, John J. Reynolds, Inc., John P. McGrath, Martin D. Jacobs, New York City, of counsel.

Burke & Burke, New York City, for defendant, American Bible Soc., William E. Vogel, New York City, of counsel.

BRYAN, District Judge.

Plaintiff sues under the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, for a judgment declaring that it is no longer obligated to make periodic payments to defendants based on its manufacture or sale of the well known product "Listerine", under agreements made between Dr. J. J. Lawrence and J. W. Lambert in 1881, and between Dr. Lawrence and Lambert Pharmacal Company in 1885. Plaintiff also seeks to recover the payments...

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