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SIMON & SCHUSTER, INC. v. COVE VITAMIN & PHARMACEUTICAL, INC.

211 F.Supp. 72 (1962)

SIMON & SCHUSTER, INC., a New York corporation suing on its own behalf and on behalf of Herman and Sylvia Taller, as Trustees, Plaintiffs, v. COVE VITAMIN AND PHARMACEUTICAL, INC., a corporation, CDC Pharmaceutical Corp., a corporation, and Herman Taller, Defendants.

United States District Court S. D. New York.

November 26, 1962.

Attorney(s) appearing for the Case

Selig J. Levitan and Donald S. Engel, New York City, for plaintiffs.

Bass & Friend, New York City, for defendants Cove Vitamin and Pharmaceutical, Inc., and CDC Pharmaceutical Corp.

Irving L. Spanier, New York City, for defendant Herman Taller.

TYLER, District Judge.

The two defendant corporations move for an order staying the above-entitled action pending the outcome of a suit previously instituted by them, as plaintiffs, against Simon & Schuster, Inc. in the Supreme Court of New York, New York County.1

The federal action, commenced July 27, 1962, alleges acts of copyright infringement and unfair competition, with resultant damages of $2,500,000. The New York Supreme...

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