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SAM S. GOLDSTEIN INDUSTRIES, INC. v. BOTANY INDUSTRIES, INC.

No. 68 Civil 3986.

301 F.Supp. 728 (1969)

SAM S. GOLDSTEIN INDUSTRIES, INC., Plaintiff, v. BOTANY INDUSTRIES, INC., Defendant.

United States District Court S. D. New York.

July 22, 1969.

Attorney(s) appearing for the Case

Bader & Bader, New York City, for plaintiff, I. Walton Bader, New York City, of counsel.

Weil, Gotshal & Manges, New York City, for defendant, Ira M. Millstein, Irving Scher, A. Paul Victor, New York City, of counsel.

OPINION

HERLANDS, District Judge:

Defendant has moved pursuant to Fed.R.Civ.P. 12(b) (6) to dismiss plaintiff's amended complaint essentially for asserted pleading insufficiencies. Alternatively, defendant moves the Court to strike certain allegations as immaterial, Fed.R.Civ.P. 12(f), and to stay this action pending determination of a trademark cancellation proceeding instituted by defendant in the United States Patent Office.

I.

Plaintiff...

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