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VTR, INCORPORATED v. GOODYEAR TIRE & RUBBER COMPANY

No. 67 Civ. 2556.

303 F.Supp. 773 (1969)

VTR, INCORPORATED, Plaintiff, v. The GOODYEAR TIRE & RUBBER COMPANY and the Kelly-Springfield Tire Company, Inc., Defendants.

United States District Court S. D. New York.

July 30, 1969.

Attorney(s) appearing for the Case

Shea, Gallop, Climenko & Gould, New York City, for plaintiff; Jesse Climenko, Bruce A. Hecker, Norman Friedman, Stephen Flechner, New York City, of counsel.

Cahill, Gordon, Sonnett, Reindel & Ohl, New York City, for defendants; John F. Sonnett, David Ingraham, David R. Hyde, Allen S. Joslyn, New York City, of counsel.

OPINION

BRYAN, District Judge:

Defendants, Goodyear Tire and Rubber Company (Goodyear) and Kelly-Springfield Tire Company (Kelly), move under Rule 12(b) F.R.Civ.P. to dismiss the amended complaint for failure to state a claim upon which relief may be granted and for summary judgment pursuant to Rule 56 F.R.Civ.P. Since affidavits have been submitted by the parties going beyond the allegations of the amended complaint, the motion will be treated as one for...

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