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HARRISON SERVICES, INC. v. MARGINO

No. 68 Civ. 2945.

291 F.Supp. 319 (1968)

HARRISON SERVICES, INC., Plaintiff, v. Al MARGINO, d/b/a National Retail Promotions, and Jack Landman, Defendants.

United States District Court S. D. New York.

September 26, 1968.

Attorney(s) appearing for the Case

Amster & Rothstein, New York City, for plaintiff.

Leonard M. Speier, New York City, for defendant Margino. John A. Cimarosa, White Plains, for defendant Landman.

MEMORANDUM

MOTLEY, District Judge.

Defendants move to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b) (1) and (6) for lack of subject matter jurisdiction.

Count I of the complaint alleges false descriptions and representations in interstate commerce. Plaintiff is in the business of preparing promotional catalogs for department stores and similar retailers throughout the United States. This action involves a new promotional plan which makes use...

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