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DYNAPOWER SYSTEMS CORPORATION v. ROSS

Nos. 63 Civ. 992, 63 Civ. 2653.

274 F.Supp. 154 (1967)

DYNAPOWER SYSTEMS CORPORATION and Dynapower Systems Corporation of California, Plaintiffs, v. Jesse ROSS and Diapulse Corporation of America, Defendants. (Action No. 1.) DIAPULSE CORPORATION OF AMERICA, Plaintiff, v. Denis KENDALL and James C. Kendall, Defendants. (Action No. 2.)

United States District Court S. D. New York.

September 28, 1967.

Attorney(s) appearing for the Case

Morgan, Finnegan, Durham & Pine, New York City, for Dynapower Systems Corp. and others; John C. Vassil, New York City, of counsel.

Winer, Neuburger & Sive, New York City, for Jesse Ross and Diapulse Corp. of America; David Sive, New York City, of counsel.

OPINION

HERLANDS, District Judge:

Diapulse Corporation of America, plaintiff in Action No. 2, has moved for an interlocutory injunction, F.R.Civ.P. 65, enjoining Dynapower Systems Corporation, Dynapower Systems Corporation of California and Denis Kendall "from disparaging the products or the business reputation or financial condition of DIAPULSE CORPORATION OF AMERICA". The two Dynapower corporations are plaintiffs...

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