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FARBENFABRIKEN BAYER, A. G. v. STERLING DRUG INC.

Civ. A. No. 909-55.

197 F.Supp. 613 (1961)

FARBENFABRIKEN BAYER, A. G., a corporation, Plaintiff, v. STERLING DRUG INC., a corporation, Defendant.

United States District Court D. New Jersey.

July 21, 1961.

Attorney(s) appearing for the Case

Bailey & Schenck, by Alexander T. Schenck, Newark, N. J., Arnold, Fortas & Porter, by Thurman Arnold and Milton V. Freeman, Washington, D. C., for plaintiff.

O'Mara, Schumann, Davis & Lynch, by Edward J. O'Mara, Jersey City, N. J., Cahill, Gordon, Reindel & Ohl, by John T. Cahill, New York City, for defendant.

WILLIAM F. SMITH, Chief Judge.

This is a civil action in which the plaintiff, a corporation organized under the laws of Germany, asserts four separate but related claims, to wit, first, a claim for profits allegedly due for the years of 1940 and 1941 under a contract; second, a claim to property and funds allegedly appropriated by the defendant; third, and in the alternative, a claim for damages for breach of contract; and fourth, a legal and equitable claim based...

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