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NORWICH PHARMACAL COMPANY v. HOFFMANN-LA ROCHE, INC.

Civ. A. No. 572-59.

180 F.Supp. 222 (1960)

NORWICH PHARMACAL COMPANY, Plaintiff, v. HOFFMANN-LA ROCHE, INC., Defendant.

United States District Court D. New Jersey.

January 20, 1960.

Attorney(s) appearing for the Case

Rogers, Hoge & Hills, by William F. Weigel, New York City, C. Donald Mohr, New York City, of counsel on the brief, Brogan & Wolff, by Henry F. Wolff, Jr., Jersey City, N. J., of counsel, for plaintiff.

Nims, Martin, Halliday, Whitman & Williamson, by Walter J. Halliday, New York City, Bert A. Collison, New York City, of counsel on the brief, Raymond D. McMurray, Nutley, N. J., and Lorentz & Stamler, by Joseph Stamler, Newark, N. J. of counsel, for defendant.

HARTSHORNE, District Judge.

The parties here, two drug manufacturers, each complains that the other is infringing upon its trademarks and engaging in unfair competition, basing their complaint and counterclaim, respectively, not only upon diversity jurisdiction but upon the trademark jurisdiction provisions of the statute, 28 U.S. C.A. § 1338. Norwich now moves to strike Hoffmann's counterclaim under F.R.Civ.P. rule 12(b) (6), 28 U.S.C.A. as not stating a claim...

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