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NAGOYA ASSOCIATES, INC. v. ESQUIRE, INC.

191 F.Supp. 379 (1961)

NAGOYA ASSOCIATES, INC., Plaintiff, v. ESQUIRE, INC., Ziff-Davis Publishing Co., H. M. H. Publishing Co., Inc., Defendants.

United States District Court S. D. New York.

January 26, 1961.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges, New York City, and Folz, Bard, Kamsler, Goodis & Greenfield, Philadelphia, Pa., for plaintiff.

Cravath, Swaine & Moore, New York City, for defendant Esquire, Inc., Stephen E. O'Neil, New York City, of counsel.

Rosen, Seton & Sarbin, New York City, for defendant Ziff-Davis Pub. Co., Joseph M. Cohen, Charles B. Seton, Leonard Sacks, New York City, of counsel.

Squadron, Alter & Weinrib, New York City, for defendant H. M. H. Publishing Co., Inc., Howard M. Squadron, Hubert Thurschwell, New York City, of counsel.

DIMOCK, District Judge.

Defendants move to dismiss the amended complaint on the grounds that it fails to comply with the order dismissing the original complaint and that it fails to state claims upon which relief can be granted.

The action is one for disparagement of product and is based on the appearance in various issues of defendants' magazines of advertisements of a metal phonograph record rack manufactured by John Leslie, Jr., a competitor of plaintiff...

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