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WEAR-EVER ALUMINUM, INC. v. SIPOS

184 F.Supp. 364 (1960)

WEAR-EVER ALUMINUM, INC., Plaintiff, v. Stephen SIPOS, doing business under the firm name and style of Stevens-Shop-N-Save Center, Defendant.

United States District Court S. D. New York.

June 2, 1960.

Attorney(s) appearing for the Case

Randolph J. Seifert, New York City, for plaintiff.

Harold H. Boxer, New York City, for defendant.

MacMAHON, District Judge.

This is a motion under Rule 12(b), F.R.Civ.P., 28 U.S.C.A. to dismiss the complaint on the ground that the Court lacks jurisdiction over the subject matter because there is no diversity of citizenship and on the further ground that the Southern District of New York is the wrong venue.

The action seeks an injunction against, and damages for, defendant's alleged sales of plaintiff's products below prices established by fair trade agreements...

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