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B. WILMSEN, INC. v. CONSOLIDATED NOVELTY CO.

251 F.Supp. 874 (1965)

B. WILMSEN, INC., Noel Decorations, Inc., and Krain & Canton, Inc., Plaintiffs, v. CONSOLIDATED NOVELTY CO., Inc., and Joseph P. Kelly, Collector of Customs, Port of New York, Defendants.

United States District Court S. D. New York.

November 17, 1965.

Attorney(s) appearing for the Case

Abeles & Clark, New York City, for plaintiffs; John S. Clark, New York City, of counsel.

Davis, Gilbert, Levine & Schwartz, New York City, for defendants; Patricia Hatry, New York City, of counsel.

COOPER, District Judge.

This is a motion for a preliminary injunction pursuant to Rule 65, F.R.Civ.P. which was brought on for hearing on November 3, 1965 by order to show cause signed by Judge Lloyd F. MacMahon on October 26, 1965.

The jurisdiction of the Court is invoked on the ground that this case arises under Title 17, United States Code, Section 1 et seq., the Copyright Law of the United States, and 28 U.S.C. § 1338(a). It is an action for a declaratory...

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