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ALBERT H. CAYNE EQUIP. CORP. v. UNION ASBESTOS & RUBBER CO.

220 F.Supp. 784 (1963)

ALBERT H. CAYNE EQUIPMENT CORP., Plaintiff, v. UNION ASBESTOS & RUBBER CO., Inc. and Pallet Sales Company, Inc., Defendants.

United States District Court S. D. New York.

August 23, 1963.

Attorney(s) appearing for the Case

Garvar & Hauser, Brooklyn, N. Y., for plaintiff (Noel W. Hauser, Brooklyn, N. Y., of counsel).

Rosenman, Colin, Kaye, Petschek & Freund, New York City, for defendant Union Asbestos & Rubber Co. Inc. (Sonnenschein, Levinson, Carlin, Nath & Rosenthal, Chicago, Ill., of counsel).

Newman, Blue, Rich, Krinsly & Katz, New York City, for defendant Pallet Sales Company Inc. (Norton I. Katz and S. Sidney Mandel, New York City, of counsel).

MacMAHON, District Judge.

These are motions by plaintiff, an ousted distributor, for a preliminary injunction restraining Pallet Sales Company Inc. (Pallet), the new distributor, from soliciting plaintiff's customers, and by Pallet to dismiss the complaint for failure to state a claim and lack of jurisdiction. Jurisdiction is invoked solely under the antitrust laws (15 U.S.C. §§ 1-7, 13, 13a, 15 and 26), and there is no claim of diversity.

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